A (des)proteção do direito fundamental à educação: a Educação Integral à luz da Constituição brasileira de 1988

Abstract

The aim of this paper is to draw up a general overview of federal public policies for Integral Education, at elementar school level. Through the study of “Mais Educação”, “Novo Mais Educação” and “Escola em Tempo Integral” Programs, it is possible to detect a constant scenario of weakening and discontinuation of federal public policies to promote Integral Education. In this direction, the paper seeks to demonstrate the importance of a federal public policy to promote the type of education requires by the contemporary era, from the perspective of protecting fundamental and social rights, human dignity and the prohibition of social retrocession and, to this end, we relate the right to education, as an essential right to social inclusion and to the protection of other political and social rights. Furthermore, in times of state omission to provide positive benefits, the paper analyzes the role of the Judiciary in the materialization of fundamental social rights (with the conceptualization and differentiation of the phenomena of judicial activism and judicialization of politics) with the aim of understanding the limits and functions of the Judiciary in this area, with the intention of proposing some necessary guidelines for the realization of the right to education in the contemporary brazilian context. The paper uses the deductive approach method, as it starts from generic arguments to particular ones, while the method of procedure is monographic due to the study of books, articles, theses, dissertations, among others, in the development of the research.