THE EFFECTIVENESS OF THE RIGHT TO EDUCATION IN BRAZIL: FROM THE CONSTITUTIONAL PRINCIPLE TO ITS APPLICABILITY

Abstract

The study aims to critically analyze the effectiveness of the right to education in Brazil in light of the Federal Constitution of 1988, investigating the main factors that hinder its practical implementation. To this end, a qualitative methodological approach is employed, based on bibliographic and documentary research, including the analysis of legislation, scientific articles, statistical data, and materials available in digital media. The study demonstrates that, although the Constitution recognizes education as a fundamental right and a duty of the State, the national reality reveals a gap between the constitutional text and its practical application. It is evidenced that the effectiveness of this right results from a long historical process, which evolved from 1824 until its recognition in 1988 as a subjective public right. Despite the advances achieved, social, structural, and regional inequalities persist, compromising access to and the quality of education. In this context, the role of the State and federal cooperation is examined, demonstrating that the lack of planning and the poor distribution of resources hinder the realization of this right. Public funding, represented by FUNDEB, is essential, yet still insufficient. It is concluded that ensuring the effectiveness of education requires political commitment, adequate funding, and integrated public policies that guarantee access, retention, and quality. Only through efficient management and the appreciation of teachers will it be possible to consolidate education as a true instrument of social justice and citizenship.