O ensino fundamental e o direito à educação: um estudo das normas constitucionais no município de Salvador.

AUTOR(ES)

Daniela Machado Barbosa

DATA DE PUBLICAÇÃO

2006

RESUMO

The title of the current essay is ?Elementary studies and the right to education?. It is a study about the constitutional law in Salvador and it searches to make an analyses focused on the educational legislation, including not only the brazilian federal constitution but also ordinary laws and their contribution to establishing public policies as well as creating the essential circumstances to the development of citizenship through the establishment of rights to education. It questions whether the brazilian legislation has contributed to the adoption of public policies by the government or if it has made it possible for all citizens to make use of the judicial means of protecting and ensuring their right to education in Salvador, specially after the 1988s Federal Constitution, mainly when it concerns about elementary studies, which are meant to be imposed and provided by the government to everyone for free, as it is a public subjective right. This essay analyses the right to education (classified as a social right ) by using studies related to the applicability of constitutional rules as well as the theory of ?symbolic legislation?. This work was developed by using documents and bibliography researches, the analyses of scientific works, legal documents and jurisprudence, combined to the picking up and analyses of secondary information such as official statistics and interviews. From all the research process it is concluded that the existing laws have not been effective to compel the Estate to respect the rules concerning to making elementary studies accessible to everyone in Salvador. The conclusion is for the inefficiency of the current legislation, even though it must be admitted that there were some progress on the access of the population to education, as there are still many unsolved problems like the quality of the provided education and the absence of students from school. This way, it is not possible to affirm that fundamental education has already been universally provided in Salvador.

ASSUNTO(S)

educacao right to education ensino fundamental elementary studies direito à educação elementary studies accessible to everyone ensino público e obrigatório

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