Direito fundamental à educação emancipadora como condição de possibilidade para uma democracia no Brasil

• Ano de defesa: 2011
• Autor(a) principal: Ruggiero, Leticia Amorim de Amaral
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Faculdade de Direito de Vitoria; Brasil; FDV
• Palavras-chave em Português: Direito fundamental social à educação; Emancipação; Massificação; Democracia cidadã; Direito
• Link de acesso: http://191.252.194.60:8080/handle/fdv/202

The present research consists of the study of the fundamental right to education according to the premises delineated by the 1988 Federal Constitution, which stated that the accomplishment of this social right is not only a State responsibility, but of society as a whole, aiming at fully developing the individual with dignity in the Democratic Rule of Law. For such, it introduces initially a historical analysis of the evolution of the fundamental social rights throughout the Liberal State, the Social State and the Democratic Rule of Law in order to give theoretical support to the establishment and justification of such rights when it comes to the direct and immediate effectiveness in the implementation of public policies. Given this context, the research emphasizes the essentiality of the fundamental social right to education from the perspective of a criticizing and empowering education in favor of a fairer, more dignified and tolerant society, a policy which is evidenced by the international agreement on economic, social and cultural rights, but still timidly accepted in Brazil. It aims at approaching this new educational proposition in contrast to the massifying education which has always been led by the ruling class as the main ideological State apparatus to stay in power, without considering the wishes of the minority and of the destitute population. The study establishes the essentiality between empowering education and civic democracy in order to change Brazilian reality, since it is only with an enlightened society capable of criticism, which truly allows the effective participation of all social classes, that the change of the scenery restricted to mere legality becomes possible so that the actions may also become legitimate. It is by analyzing all these questions that the study aims to face the central topic of empowering education as a condition for the possibility of a democracy in Brazil, since even though it is one of the world powers in economic growth, the country still possesses an expressive mass of illiterate people, a situation which is inconsistent with the evolution of the democratic process.