Da (não)efetividade do direito à educação: o caso brasileiro

Abstract

The research aims to determine the effectiveness of the right to education in Brazil. If on one hand the Constitution of the country requires the family, society and the State the duty to ensure access to education, on the other hand students are not guaranteed the necessary resources for the effective implementation of such access, as per economic, social, political and legal disparities, which put them at risk of default, generating, thus, their exclusion. Notwithstanding, education imposed by society, in this context, incorporates the idea of social integration through the acquisition of academic qualifications to be successful in society. For this investigation, legal and philosophical issues, as well as ethics of students in default, ethical and legal parameters as the dignity of the human person constitutionally guaranteed are relevant. However, there are contradictions resulting from this issue in light of the definition of how it is included in the Civil Code and the Code of Consumer Protection. The analysis clearly shows the inconsistencies between social goals and institutional means