A constitucionalização do direito à educação: conceitos, limites e garantias

Abstract

This paper analyzes the constitutionalization of the right to education, considering some of its fundamental concepts, limits and guarantees. The analysis contemplates the following aspects:1. Conceptualization of the right to education as a fundamental social right and as a negative and positive subjective right; 2. Discussion about the factual (budgetary) limits imposed on the right of education by the possible reserve; and 3. Presentation of the material guarantees of the right to education defined by the "existential minimum", intangible, directly and immediately demandable juridically versus a more amplified "essencial nucleus" of this right.