Direito Fundamental À Educação Como Corolário Da Dignidade Humana

Abstract

In this article an approach will be made to the principle of human dignity as a fundamental principle, the foundation for all human rights. The purpose of human dignity is to guarantee the human being a dignified existence and it justifies the need for protection and enforcement of various rights, such as the right to life, freedom, health, housing, education, among many others. Within this context, the right to education as a human and fundamental right will be presented in this research. Given its relevance, this right is based on important international documents, which aim to guarantee this right to all human beings without any distinction. This paper will present the international legal framework that regulates the right to education at a global level. Brazil, a signatory country of the Protective Conventions of the right to education, has internalized in its legal system the right to education as a fundamental right, provided for in a specific law, notably Law 9394/96 (the Law on Education Guidelines and Basis), and especially in its Constitutions. Thus, the legal panorama of the right to education in Brazil will be presented and, at the end, the importance of guaranteeing this right will be demonstrated, which, when it is effective, makes it possible to achieve other rights. The methodological aspect adopted: legal-theoretical; type of reasoning: deductive; methodological types of research: historical-legal, legal-comparative and legal-interpretative.