The aim of this research was to investigate whether decisions guaranteeing places for children outside the age range provided for in the Federal Constitution have given effect to the right to education in the Metropolitan Region of Campinas. To respond to the problem, a diagnosis was made using quantitative methodology and identification of the actions of the Public Authorities through institutional analysis. It has been established that Parquet’s claims for vacancies for children outside the prescribed age range are significant and almost always dealt with by the judiciary, which justifies the implementation of the law on the basis of a broad interpretation which does not exist in the Magna Charter. This position undermines the successful implementation of the policy by failing to respect the boundaries of legal texts, reducing the realisation of children’s rights to a mere school vacancy, without considering a human rights discussion.