The constitutional right to education and its interpretation: contribution to the study of educational law / O direito constitucional à educação e sua interpretação: contribuição ao estudo do direito educacional

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This paper aims to demonstrate right to education importance and its interpretation as a way to strength the consolidation process of educational law. Education is an important aspect of human life, consisting in a qualified process of transmission and sharing of experiences. It also interests to Rule of Law in the sense that full exercise of citizenship depends on the adequate preparation of society members for fulfilling its duties and enjoy its rights. The right to education, in the legal system, has constitutional origin and is characterized, therefore, by its fundamental and social nature, justifying the care to its interpretation and application process to always strength up its effectiveness. Because of its constitutional roots, the right to education requires, besides the basic rules of legal hermeneutics, a consideration on constitutional interpretation peculiarities, including the New Legal Hermeneutics, in the sense to turn effective the right to education. Educational law, that has its core on right to education, is a branch of law with its own legal system, constituted by specific principles and characterized by a flotation between private and public legal systems, which implies an effort to a different interpretation and demands specific skills to the interpreter. Besides, educational law systematization will facilitate the interpreters work to a chaotic legislative educational environment, witch only the study of educational law - and not simply educational legislation - will provide and offer teorical and scientific supports to deal with the variety of educational problems. In this aspect, the hermeneutics and interpretation domain is an indispensable tool

ASSUNTO(S)

educação constitution constituição education direito a educacao -- brasil educacao e estado -- brasil direito educacional direito brasil [constituicao (1988)] educational law

ACESSO AO ARTIGO

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