Educação como Direito Público Subjetivo e Reformas Educativas Atuais

Abstract

With the objective of explaining contradictions between formal aspects of the right to education and the educational policy implemented in Brazil in the 1990s, this work, based on bibliographic research, identifies that the educational reform implemented from that decade on triggers decentralization processes of educational management as an alleged mechanism of democratization in the area. On that account, this study presents a history of the definition of education as a subjective public right, and shows that, in the process of definition of the national educational Bases and Guidelines Law (no. 9394/96), institu­tional mechanisms for the participation of different social segments have been constituted to define the educational policies implemented by the executive branch. Nevertheless, in the approved project, the national Council of education constitutes a mere advisor of the ministry of education, emptying the possibilities of formulating state policies for the area. This study shows that currently parallel mechanisms of centralization of decision and de­centralization of execution for schools take place. The conclusion is that these practices limit the possibilities of consolidating education as a subjective public right, as is stated in the legislation in force.