Juridicidade da educação para a cidadania como mecanismo de fortalecimento da democracia no Brasil

Abstract

The objective of this work is to demonstrate that, regarding the right to civic participation, Article 205 of the Federal Constitution (CF/88) has not yet achieved its full normative force. Democracy is the political regime in which the people exercise sovereignty, whether directly or indirectly. It presupposes freedom and the capacity to decide, which, consequently, needs to be accompanied by a democratic culture, which can be historically constructed or acquired through education for citizenship. The aforementioned provision establishes that education is a right of all and a duty of the State and the family, and should be promoted and encouraged with the collaboration of society. The research problem stems from the hypothesis that this constitutional norm depends not only on normative regulation, but also on the joint articulation of the Executive, Judiciary, and Legislative branches, the Public Prosecutor's Office, and civil society. In addition to the possibility of implementation through the filling of legislative gaps and the development of public policies, each of these entities possesses its own institutional tools for promoting civic education. The originality of this work lies in presenting a critique of the effectiveness of Article 205. This study analyzes Article 205 of the Federal Constitution (CF/88) due to the absence of norms and actions that concretize the right to education for citizenship, work, and personal development. The methodology used was qualitative research, especially bibliographic and documentary techniques. Throughout the work, a Brazilian constitutional approach to the topic was sought, based on a hermeneutical analysis combined with the historical method. The results point to a deficiency in the regulation of education for citizenship in the Brazilian legal system, which violates the Constitution of the Republic and conventional law.