Direito fundamental à educação para adolescentes em situação de rua: entre autonomia e igualdade de prestação

Abstract

In this research, the objective is to investigate the effectiveness of the right to education for adolescents in the street. It is based on the constitutional assumption that education is a fundamental right and must be given to all children and adolescents with absolute priority, according to the Federal Constitution of 1988, of the Convention on the Rights of the Child, of 1989, and in the Statute of the Child and Adolescent, Law nº 8.069, of 1990. It is hypothesized that the street situation involves children and adolescents in a series of violations of their fundamental rights, and that education, primordial for the process of development and social insertion of children and adolescents and for the promotion of equality, integrates one of these rights. For that, a qualitative study is carried out using the deductive method and using as sources: bibliographic references, historical documents, theses, data provided by official bodies and relevant legislation. Thus, there is a multiplicity of factors that contribute to the maintenance of the educational exclusion of these adolescents, denoting a joint absence of the State, the family and the society, which allows to conclude that, first, it is necessary to guarantee them not to live in the street.