Educação, cidadania e Ministério Público: o art. 205 da constituição e sua abrangência / Education, citizenship and district attorney: article 205 of the Constitution and its reach

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

Education is not only an object of a particular science, but also an object of Law, specially in the field of Constitutional Law, once the 6 and 205 articles and followings of Constitution of 1988 deal with this relevant fundamental right. This thesis intends to contribute for the study of education inside the traditional Constitutional Law. Therefore it is based on the exam of the doctrine and jurisprudence, explaining the concepts related to education, citizenship and the District Attorney, besides the fundamental rights. Emphasizes the historical aspects, relevant to the construction of the concept bringing actual data related to the proposed theme. Point out a remarkable right dedicated to education by the Constitution of 1988 in which 205 article declares that it is the duty of the State and the family, jointly with the contribution of society, to provide and encourage the education. In fact, only the education will be able to allow the exercise of citizenship, and only education will force the Brazilians exterminate the huge differences of all kinds that insist on existing among us. But what is the meaning of word State? Would the Constitution be referring to the Legislative and Executive Powers only? It intends to enlarge its meaning and include the District Attorney, specific state member, which has been given relevant duties, such as defence of law system, democratic regime, social and fundamental individual rights and also preserve the effective practice of the civil rights and guaranteed the same in the Constitution, promoting instruments in order to protect the social rights. So that, in spite of being a state member, the district attorney can act against the State in order to assure those rights. The right of education, support of the development of human being and the exercise of citizenship, over and above the preparation for the work, deserves better attention from the District Attorney, either Federal or District, each one with its own function but both deeply concerned about this fundamental right

ASSUNTO(S)

ministério público education education direito a educacao -- brasil citizenship direito constitucional district attorney direito a educacao -- brasil educação art. 205 da cf. direito social brasil [constituicao (1988)] article 205 of the constitution

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