Abstract

SANTANO, Ana Claudia. Right to Education in Brazil: Multilevel Dialogue and its Internal Threatens. Cuest. Const. [online]. 2023, n.48, pp.325-356.  Epub Jan 12, 2024. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2023.48.18049.

The right to education is very recognized for being one of the most important one to the social development. Due to its importance, it is expressly found in many international laws about protection of human rights, as many constitutions, like the Brazilian. Furthermore, its analysis has already been present in the Inter-American System of Human Rights jurisprudence, giving to it strength and justiciability. However, the current moment shows the right to education under attack, putting Brazil in a big challenge in front of international legal framework. From this context, this paper proposes to evaluate the concretion of the right to education through a comparison of judicial decisions from the Inter-American Court of Human Rights and the Brazilian Supreme Court, in order to observe if there are congruencies between them or not, as well as this paper exposes some cases of attack to right to education, putting an alert sign in the Inter-American System. As conclusions, it is possible to recognize that Brazilian legislation is very aligned with the international, beyond it stablish minimal standards, but this legal dialogue is not able, by itself, to protect the right to education from these attacks promoted by Bolsonaro's government.

Keywords : right to education; inter-american system of human rights; Inter-American Court of Human Rights; Inter-American Commission of Human Rights; Brazilian Supreme Court.

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