The education is one ' ' right of all and to have of the State and the family, will be promoted and stimulated with the contribution of the society, aiming at to the full development of the person, its preparation for the exercise of the citizenship and its qualification for trabalho' ' (BRAZIL, 1988). As Brazil (1996a) the pertaining to school education composes in basic education and superior education. The basic education is divides in three stages of education: Infantile education, Basic Education and Average Education. The national education is normatiza for Federal Law N. 9,394, of 20 of December of 1996, known as LDB Law of basic lines of direction of the National Education. Table 1 Levels of the basic Education Stage of Education Foreseen Etria Band 1 Infantile Education Up to 5 1,1 years Day-care center Up to 3 1,2 years Daily pay-School Of 4 and 5 2 years Basic Ensino From the 6 3 years Average Ensino Source: MEC (adapted) the LDB was modified by Law N.
11,700, of 13 of June of 2008 and this modification, with validity from 1 of January of 2009, assures vacant in Public School to all the child from the 4 (four) years. Before, the vacant LDB express guarantee for basic education from the 6 (six) years (BRAZIL, 1996a). In this direction, giving bigger legal basement to the subject, was approved Constitutional Emendation N. 59, of 11 of November of 2009, that it determines that the basic education is obligator and gratuitous of the 4 (four) to the 17 (dezessete) years of age (BRAZIL, 1996b). However, foreseeing the impact in the public budget and the diverse necessary actions for this fulfilment, as well as the cultural change on the part of the society, the emendation makes use that this reinforcement of the infantile education is implemented gradually, until the year of 2016 (BRAZIL, 2009b).