REFLECTION ON THE EVOLUTION AND EFFECTIVENESS OF THE RIGHT TO BASIC EDUCATION

Abstract

This article reflects on the role of the State as the responsible agent for ensuring the effectiveness of the right to education, focusing on the basic education stage, in light of the inclusion of this guarantee as a social right provided for in the Federal Constitution. The study is justified by the need to examine the tools available to the State and the allocation of resources to fulfill constitutional principles. To this end, the research method employed was deductive, with the conduct of bibliographic, legislative, and statistical research. In this perspective, the article addresses the concept of fundamental rights, their foundations, and issues related to their realization. Subsequently, the research delves into the historical analysis of legislation and constitutional provisions for the realization of the right to education, as well as its practical implications, particularly regarding resource allocation. Finally, the study focuses on the social function of the State as the guarantor of the realization of the right to basic education and the analysis of statistical data from Brazil involving school access and retention, especially through the presentation of data collected on the website of the Brazilian Institute of Geography and Statistics (IBGE) in the period immediately before the coronavirus pandemic (2016-2019). In conclusion, dirigism projects the realization of the right to education into an uncertain future, leading to justifiable dissatisfaction with statistical data.