EDUCATION AS A FUNDAMENTAL RIGHT OF A SOCIAL NATURE

Abstract

The Right to education is part of a set of rights called social rights belonging to the second dimension, primarily provided for in the Federal Constitution, which is based on the value of equality between people. In view of this, the following problem is considered: What is the legal regime of education as a fundamental right of a social nature under the competence of the state and private individuals? The objective of the study is to analyze the main aspects of the Brazilian legal regime of Education as an exercise for promoting citizenship and human dignity. The methodological process is a bibliographical study of a descriptive nature regarding the objectives, with a qualitative and exploratory approach using a deductive method through the analysis of literature on doctrines, and articles of relevant legislation in the field of education and law. The result obtained in the research based on the methodological process of bibliographical research was the observation that education, critical, dynamic and liberating par excellence, is nothing less than the foundation of a democratic society, believing that without the provision of this fundamental right, the right to education, the exercise of citizenship remains completely compromised, due to the failure to form effective citizens, and, in this way, it is not possible to think about democracy in its fullness.