TRAJECTORIES OF EDUCATIONAL POLICIES AND SUBJECTIVE PUBLIC LAW: REFLECTIONS ON THE TEACHING CONTEXT

Abstract

Education is a recurring subject in discussions on social policies, resulting in the construction of a cycle of agendas, formulation, implementation and evaluation expressed in the government. In the legal sphere, between the fundamental right to education and the subjective public right, there is a confrontation of possibilities in the provision of education. The objective of this work was to reflect on subjective public law and educational policies, in the light of a bibliographic and documentary review with a qualitative approach. This is the legal figure provided for in art. 208, of the Brazilian Federal Constitution of 1988, analyzing whether the subjective public right lends itself to the judicial enforceability of educational policies, adapting the concept to the context of the Constitution that adopts the model of Social State of Law. The challenge of this article was to outline the legal regime for the protection of the right to education as a fundamental right of a social nature, contributing to the expansion of concrete possibilities and discussions of the theme explained.