However, many steps had been given, the Federal Constitution of 1988, contributed very to change such reality. The first established guarantee is in Article 208, where it emphasizes that, the infantile institutions had started to be of responsibility of the government and a right for the children. Then, we can conceive that this conception of institution represents a guaranteed right the population, dedicated to educate and to take care of of the children, completing that the paper of the day-care center, as standes out the Law of Lines of direction and Bases of Educao (LDB/96) of 1988, is not to substitute the familiar education, as was before, but of complementing the action of the family of the child, to promote the development integral of the child. When it speaks in education, the LDB/96, is not wanting to anticipate the pertaining to school life of the child, but to develop the educative aspects and of cares that all necessary child and has the right to receive as citizen, as Article 29 standes out (LDB, 1988) alleging that the infantile education, first stage of the basic education, has for purpose the integral development of the child up to six years of age, in its aspects physical, psychological, intellectual and social, complemented the action of the family and the community. Being, then clearly, the importance that the LDB/96 portraies the child, as being a citizen of guaranteed rights, right these, that will have to be fulfilled and not omissive. To develop it cultural identity of the children, is necessary that these institutions promote an education based on playing. The trick and the game are processes that involve the individual and its culture, acquiring especificidades in accordance with each group; it is what it emphasizes
Then, playing to be overcome an element norteador enters this development of construction. Therefore, through the tricks the child knows itself same, knows the others and knows the environment where she is inserted..