STATE GUARDIANSHIP OF THE RIGHT OF CHILDREN AND ADOLESCENTS IN SITUATIONS OF SOCIAL VULNERABILITY TO EDUCATION

Abstract

This study aims to present the responsibility of the state guardianship of the right of children and adolescents to education. Preliminarily, a qualitative approach and procedure of bibliographic research of articles and books were carried out to approach the formation of human rights, the concept, its evolution focused on the protection of children and adolescents and the basic principles of the Statute of the Child and Adolescent (ECA). Also, to analyze the condition of social vulnerability and to understand the social function of the State in the realization of the fundamental rights of the child. The analyses indicate that historically children were not seen as subjects of rights, nor were they distinguished from adults. The concept of childhood came into existence only in the early eighteenth century, however, the rights of children and adolescents were only regulated with the advent of Law No. 8069/90 ECA, which complemented the 1988 Federal Constitution, which until then only discussed issues associated with minors in irregular situations with the revoked Juvenile Code. Currently, in Brazil, it is the ECA that deals with all aspects of complete protection, absolute priority, and enforcement of the rights of children and adolescents, stating that it is the responsibility of the Family, Society, and the State to ensure them. Finally, it is understood that the school environment is essential for child development, and the State must effectively apply public policies and social development programs aimed at the complete protection of children and adolescents.