O direito à educação como direito social na realidade brasileira

Abstract

This dissertation is dedicated to the study of the relationship between law and school education, and aims to contribute to the development of educational law. Today, it turns out that many scholars are seeking to establish a perfect definition and comprehensiveness of educational law as yet another branch of legal science. Education, as a complex science, has always sought the collaboration of various sciences, including history, psychology and sociology, among others. Since school teaching-learning relations are essentially human relations, they are also legal relations, and so law has much to collaborate with education, in the sense of clearly defining and defining the legal concept of education. Starting from a three-dimensional view of law, we first analyzed the value of educational norms, and for this purpose, it was necessary to establish the concept of education, including brief incursions into its historical evolution. Having defined the concept of education, we began the study of educational norms, seeking their extension and their definition in constitutional norms, in preparation for a broader and more comprehensive investigation: the legal concept of education. The concept of education is They are inseparable from their constitutional analysis, and so these two themes are studied sequentially. The ithic content is translated by the survey of data that demonstrate the Brazilian reality of education among the population, and by the result found cliques the conclusion that the right to education is still simple expectation, not being realized in most citizens. Thus, following this path, we come to education by its legal angle, and should be characterized as a social right, arising from the rights of personality. In view of the lack of school education, which has not yet reached society as a whole, the last two chapters seek to analyze the judicial instruments for the implementation of the educational law, investigating how this right has been applied by the courts. At the end of the paper, in a synthesis of the research, we conclude that education has much to gain from the collaboration of legal science, because the conceptualization of education as a social right, coming from the human personality, effectively translates an education that can ensure the full development of the person, their qualification for work and the conscious exercise of citizenship.