FROM THE SUBJECTIVITY OF THE RIGHT TO EDUCATION TO THE OBJECTIVITY OF THE STATE'S OBLIGATION TO PROMOTE IT: Brazilian historical-constitutional construction in the first stages of basic education focusing on the municipality
Right to education. Subjectivity. Duty of the State. Objective Principle. Municipalities. Public policies.
This study, of dialectic, applied, theoretical-practical, qualitative and descriptive-exploratory character, entitled FROM THE SUBJECTIVITY OF THE RIGHT TO EDUCATION TO THE OBJECTIVITY OF THE STATE'S OBLIGATION TO PROMOTE IT: Brazilian historical-constitutional construction in the first stages of basic education focusing on the municipality, faces the question of the subjectivity of the right to education, as a public right to be offered by the State, based on the objective principle of achievement of duties of public entities embedded in the Federal Constitution of 1988, especially the municipalities, thus demonstrating its relevance. The research has as central objective to perform a historical-constitutional and infra-constitutional retrospective of the right to education in the Brazilian legal system, besides demonstrating how the right object of study is consolidated in a provision State, under the neoliberal economic aegis, whose constitutional guaranteeism aims at the effectiveness of the established rules to ensure the social welfare, being up to the public entities to provide efficient public policies that translate into the realization of the right to education. Under the mantle of Brazilian federalism, which gives political-administrative autonomy to the municipality and assigns competences, the stages of early childhood education and primary schools are conferred to the municipality, which must promote fourteen years of regular education, especially the kindergarten modality, destined to children from zero to three years old, which is defined as mandatory, although the mandatory nature is not expressed in the constitutional text, after a judgment of the Federal Supreme Court. Well then, when the right to education is not guaranteed by the State, it is up to the citizen to seek its realization in the jurisdictional sphere, and the judicialization of educational public policies is another focus of this research.