PNAE IN DEFAULT: LEGAL AND TECHNICAL BASIS FOR REVIEWING FEDERAL TRANSFERS AND THE JUDICIALIZATION OF STATE OMISSION
Keywords:
School Meals, Public Educational Policies, Right To Food, Underfunding, JudicializationAbstract
This article analyzes the insufficient federal funding for the National School Feeding Program (PNAE), highlighting its impact on the effectiveness of the fundamental rights to food and basic education in Brazil. Based on documentary analysis, a regulatory review, and a study of case law, the article discusses budgetary evidence, structural flaws identified by the Federal Court of Auditors (TCU), and pending legislative proposals. Based on the 1988 Federal Constitution, the case law of the Supreme Federal Court (STF), and international commitments, the paper substantiates the federal government's legal obligation to ensure adequate funding for the PNAE. The article concludes that the funds allocated urgently need to be restored through legal updates and judicial review as a way to guarantee dignity and equity in access to school meals.
