CIVIL LIABILITY OF THE STATE FOR BREACH OF THE RIGHT TO EDUCATION

• DOI: 10.22533/at.ed.216292206061

• Palavras-chave: Brazilian Educational Law, Educational Legislation, State Civil Liability, mechanisms to protect constitutional guarantees.

• Keywords: Brazilian Educational Law, Educational Legislation, State Civil Liability, mechanisms to protect constitutional guarantees.

• Abstract:

  This monograph will present the profile of Brazilian educational law in order to question the status quo of the current scenario, in the context of Brazilian social, political and legal reality. The current legislation on constitutional guarantees regarding the right to education and the State's Civil Liability for violating the Right to Education will be analyzed. We will list the main instruments for the protection of such guarantees, which are responsible for the population's access to education. It will seek to understand the relevance of the theme in the construction of a more balanced society, as a result of the effective exercise of citizenship. We will also examine some theories about the civil liability of the State. These assess the extent of the State's culpability in relation to fundamental rights and guarantees. If, on the one hand, the action of the State is limited by the budget it has, on the other hand, it is necessary to guarantee the exercise of some rights considered to be priority and indispensable.

• Número de páginas: 24