O direito à alimentação escolar durante a pandemia de covid-19 no Brasil : discussões sobre a (in)eficácia de normativas e políticas públicas

Abstract

The human right to adequate food means life.It is one of the fundamental rights recognizible in international courts and confirmed in several articles and principles pf the Brazilian Federal Constitution (1988). Thus, the Brazilian state has the obligation to protect and promote the mentioned right, also foreseen in other legislations and public policies of Brazil. The National School Feeding Program (PNAE), for example, is an essential tool to concretize the right to adequate feeding for public school students and faced a challenge with the advent of the Covid-19 pandemic and and the suspension of in-person classes. How to ensure feeding to the students? In this research, we seek to answer the following questions: what is the history of the right to adequate food in Brazil and what are the difficulties faced in this right in the context of the Covid-19 pandemic? This way, it will be presented the Evolution of the right to adequate feeding as a fundamental right, concept and legal basis. Then, it will be focused on the cronology of the right to scholar feeding in Brazil and the role of PNAE. Finally, it will be adressed how the public policy of scholar feeding took place during the pandemic. It is concluded that, even with the advances, there are still a huge difference between that the law proposes and what the public policy delivers to its aimed subjects. In this monograph the deductive method will be used.