EDUCAÇÃO ENQUANTO DIREITO FUNDAMENTAL NO ESTADO DEMOCRÁTICO DE DIREITO BRASILEIRO

Resumen

The Democratic State of Law is based on the principles of freedom, legality and participation. However, its effectiveness is often questioned in light of the reality found in Brazil. Access to education is configured as a subjective fundamental right that enables the individual to exercise their citizenship and demand from the government effective measures for the well-being of the entire population. The present work aims to reflect on the role of the Rule of Law as a promoter of democratic and quality education in Brazil. As for the methodology, this study can be classified as qualitative, of the explanatory type. Regarding the procedures, the research will be of a bibliographic type, from primary and secondary sources composed of official documents from national and international bodies of public access and the review of study files present in the main scientific indexes by means of a survey of theoretical references. published by written and electronic means, such as books, scientific articles, web site pages. The present study proves to be of paramount importance in providing a framework for the elaboration of public policies aimed at promoting democratic access to quality education. It is observed that education is configured as a subjective fundamental right protected by the Constitution. However, despite the theory and jurisprudence calling for the decisive role of the State in the promotion of fundamental rights, in Brazil, there is still a long way to go for the full realization of these rights.

Keywords: State. Fundamental Rights. Education