A aplicabilidade e efetividade do direito fundamental à educação

Abstract

After a brief explanation about fundamental rights, the relevant issues concerning the right to education as a fundamental social right are examined, its history in the Brazilian constitutions, as its applicability and effectiveness of public policies through national and discussions are also the role of education in national development. The present study has the objective of developing a critical and realistic about the right to access to education in the country, highlighting the importance of their applicability and effectiveness for national improvement. The methodology to be used is characterized by being a descriptive-analytic study, based in literature, pure - as we have the only aim of expanding knowledge - and qualitatively, seeking to appreciate the reality of the theme in Brazilian law. It examines the issues the existential minimum and the possible reserves in regard to the effectiveness and applicability of the right to education, clarifying the role of the judiciary and the means of ensuring realization of the right in question.