Education as a social right: historical and constitutional aspects

Abstract

This paper discusses some advances and setbacks with regard to the educational field in the constitutions of Brazil and the educational laws derived from them, since the constitution of 1824 to the last Magna Carta of 1988. The paper highlights that the right to education, declared by law as a right for all, is quite recent in our country. The declaration of social rights, with the State as the provider of those rights, has been marked by constitutional changes, depending on the groups who take power, so that in some legal texts the figure of the State can be seen as responsible for compulsory education in complementary action to the family, and in others many state duties are omitted. Finally, it is emphasized that the current Federal Constitution is marked by many advances, compared to the preceding legislation. Several of its features emphasize the citizens’ social rights, and education is recognized as a subjective public right and a foundation of citizenship. However, it is clear that for the realization of citizens’ rights, many social struggles are necessary for the implementation of public policies that actually guarantee the rights stated in the legislation.