O direito à educação e os novos paradigmas do constitucionalismo pós-positivista
The right to education is essential for the effectiveness of one of the fundamental commandments of the contemporary state, viz. the principle of human dignity, which is the highest standard that represents the core of each of the fundamental rights. This topic has been the object, in Brazil and wo...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4925908 |
| Source: | Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD), ISSN 2175-2168, Vol. 6, Nº. 3 (Outubro - Dezembro), 2014, pags. 298-309 |
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| Summary: |
The right to education is essential for the effectiveness of one of the fundamental
commandments of the contemporary state, viz. the principle of human dignity, which
is the highest standard that represents the core of each of the fundamental rights.
This topic has been the object, in Brazil and worldwide, of an intense doctrinal elaboration
and search for greater legal density. The purpose of this paper is to seek in the
doctrine, legislation and case law the legal basis of the right to education, to discuss its
importance for other human rights and to investigate the control of the judiciary in
the implementation of educational policies. It should be added that today the national
constitutional system provides for various forms of control over the actions of the
Executive, such as the control by the legislature, the court of auditors and society
itself; however, this study aims at elaborating on the control by the judiciary. Through
an inductive-systematic method, it seeks defi nitions and conclusions that will certainly
contribute to the understanding of the topic and to confi rm the premise that,
on the basis of new interpretations of constitutional norms and the normative force
of the Constitution, the Judiciary should become more effective in the application of
fundamental rights, adding to Brazilian society an additional tool to combat the lack
of access to education. |
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