O direito à educação no brasil: trajetórias, limites e possibilidades

Abstract

The prospect of the right in the educational field connects the discourse of right to education and the education as right in front of social, historical and political factors before the state. Therefore, we question: what is the conception of education right that is present on education according to the legal norms? Using the concept of the right to education as an object of study, this master's research aims to understand how the right to education was configured on the development of Brazilian education in its interface with the historical development of the notion of education as a right. Our theoreticalmethodological framework is aligned to historical-dialectical materialism, since it is necessary to unveil the contexts of Brazilian educational policy and its means at the relationship of State and compliance of legal requirements. The methodological procedures used were fundamented on the documentary research with historical-critical character, emphasizing the Brazilian Constitutions of 1824; 1891; 1934; 1937; 1946; 1967; 1988 and laws 4,024/61, 8,069/90 and 9,394/96. The conclusion of this research reaffirms the idea that ideology is impregnated in different social processes, including juridical ones, in the sense of implementing a vision of world and right in the educational field of a society, in specific, the capitalist. In addition, the study through the developed analyzes has learned and evidenced six categories as dimensions that direct and define the right to education in constitutional and educational legal documents, such as universality, obligatoriness, gratuity, quality, access and permanence. Therefore, the present research clarifies that the conception of the right to education present in the Brazilian legislation was developed based on these categories.