摘要：This article aimed to address two important reflections on childhood and public policies of Brazilian education: one concerns the implementation of these policies, especially after the enactment of Law No. 12.796 / 13, which establishes that children from 4 years old on have to go to school. The other is related to the analysis of different concepts of childhood. In order to carry out an intellectual and reflective work, we consider some struggles and achievements that have generated certain educational policies. With this qualitative study, which was conducted through desk reviews and scientific papers, we conclude that there is an absence of law to guarantee the rights of children, when we understand that this must be based on values of respect for human beings and their dignity, aiming at the creation of a school culture that prioritizes equality and diversity, and quality education that is experienced in school when basic questions, such as lack of supply sites or types of service: full or part-time, public, private and contracted; omission in relation to children aged 0-3; initial training for teachers; financial assistance from the federal government to municipalities; responsibility of municipalities to increase the number of vacancies; discussion of the social function of early childhood education: the importance of the child’s socialization, the development of their autonomy and their adaptive function to grasp certain rules of behavior and limits; etc., have not been discussed, let alone solved. Keywords : Early Childhood Education, educational policies, law and obligation.
