The right to education and its judicialization: fundamental aspects

Abstract

The article discusses the judicialization of the right to education in Brazil and its social, legal, and political-administrative aspects. It is justified because education is a duty, constitutionally recognized by the Public Power, represented by the State and the federated entities before the responsibility of providing society with the necessary resources to guarantee the right to education, according to the Federal Constitution of 1988, art. 205. We could note that educational rights are largely guaranteed in Brazilian legislation but are not always respected by those who must ensure public policies under this purpose. The purpose of this article is to highlight the importance of “judicialization” as a set of legal procedures, the purpose of which is to guarantee the citizen’s subjective public right aiming to demand that the Public Power fulfils its duties in any federative instance. When, in some aspect, the realization of this right is not met by public policies, judicialization can be a means or a strategy through legal means, capable of compelling the public power in question to fulfil its duty stipulated in the Federal Constitution regarding guaranteeing the right to education. The research had an exploratory character, qualitative approach, and explanatory purpose. It was carried out through documentary review, articulating legal aspects through current normative acts, policies, and legislation, besides state of the art on the theme “judicialization”, carried out by through a Systematic Review (RS) that considers the historical path of education in Brazil.