Barroso overturned a decision of São Paulo justice because he could cause damage to the state’s educational policy
The president of the (Supreme Federal Court), Minister Luís Roberto Barroso, released on Wednesday (19.mar.2025) the continuity of the government’s bidding for the granting of the management of 33 public schools to private sector. The minister answered the appeal filed by the State Attorney’s Office to overthrow a decision of the São Paulo courts that suspended the concession.
In the decision, Barroso understood that the suspension of the bidding can cause damage to the public order and the educational policy of São Paulo.
“The delegation of public services through concession or PPP, pursuant to art. 175 of the Constitution, does not imply loss of ownership by the State, but the transfer of the execution of certain activities to a particular, for a determined time and under conditions previously established“Barroso said.
The PPP (private public partnership) of new schools, proposed by the Government of (Republicans), provides that 33 state teaching units are built and administratively managed by private initiative, which will be responsible for services such as cleaning, maintenance, food, surveillance and internet.
According to the state government, the objective of the project is to modernize the infrastructure of state schools and ensure more time for managers and teachers to engage in teaching activities.
The 2 auctions held by Tarcísio de Freitas to grant the 33 schools to private management by Judge Luis Manuel Fonseca Pires, from the 3rd Court of Public Finance of São Paulo.
On October 31, 2024, the magistrate an injunction to suspend contracts of the which involved 17 schools. The decision was taken in action filed by (Union of the Teachers of Official Education of the State of São Paulo).
However, it was the next day by the President of (Court of Justice of São Paulo), Judge Fernando Antonio Torres Garcia. With this, the government performed the In B3 (SP Value Stock Exchange), including 16 more schools.
Pires’ new decision, issued on Monday (10.mar), reiterates last year’s injunction arguments. According to him, the democratic management of public education requires the participation of the school community and that it is not possible “dissociate the physical space of pedagogical activity”.
With information from
