THE RIGHT TO EDUCATION ACCORDING TO THE BRAZILIAN CONSTITUTIONS

Abstract

Education as a right was fixed in the Brazilian constitutional texts from the Charter of 1824 until the Citizen Charter of 1988. There were specific articles aimed at education, some now emphasize, now defend and now recognize education as a right, while in other constitutional texts, this right was sometimes subjective or even denied in some aspects. In this sense, the objective of this work is to analyze the historical conjuncture of education as a right based on the Brazilian constitutions. In methodological terms, the study was developed through a bibliographic and documentary research, of the descriptive type, following a qualitative approach. It is explained that there were no limitations for the development of this bibliographic and documentary review, since the literature on the subject is extensive. Finally, it was possible to understand that the inclusion of the fundamental right to education in the Brazilian constitutional text is the result of a long historical process marked by advances and setbacks. It is the product of a long history of social conquests that have unfolded in contexts marked by the alienation of popular participation in the democratic process. After analyzing the constitutional texts from 1824 to the 1988 Charter, it is clear that there have been significant advances in the Brazilian educational sphere. It is noteworthy that the Federal Constitution of 1988 brought significant contributions and a thread of hope in a desolate scenario of inequality, and advanced significantly in terms of social rights, such as education, and it is not without reason: education is pointed out by scholars and researchers as an effective way to promote the development of the individual and society. There are undeniable difficulties, problems and obstacles that are currently facing the success of the educational system in our country. Among these, there is the neoliberal ideal, which prevents, delays and reverses the realization of the fundamental right to education provided for in the Citizen Constitution. It is believed that this study can contribute to the work of specialists and public managers working in the area, by presenting a framework that allows understanding the evolution of the right to education in Brazilian constitutions.