The right to superior education in 1988’s Federal Constitution as fundamental right
Keywords:
Superior Education, Education Right, Fundamental Right.Abstract
This paper analyzes the superior education’s right according to its constitutional definition as a fundamental right. We present a brief historic of this subject in the previous constitutions, emphasizing the innovations present on the 1988’s Constitution. This paper also distinguishes the constitutional definitions for Superior Education and Basic Education, the latter possessing greater guarantees. We discuss the specific State actions related to Superior Education and its limitations imposed by the Constitutional structure. Finally, we analyze the role of education as a fundamental social right which needs to be developed and materialized through constitutional interpretation, expressed by Superior Courts decisions.
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We declare that all articles present in the journal Educação (UFSM) are originals and were not submitted for publishing on any other publication, as a whole or a fraction. We also declare that, after being published by Educação (UFSM), a paper will not be submitted to another journal within two years. After this time, our journal transfers the publishing rights to the authors, with a permit granted by the Editorial Council.
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This work is licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0)
