Abstract

SCAFF, ELISÂNGELA ALVES DA SILVA  and  PINTO, ISABELA RAHAL DE REZENDE. THE SUPREMO TRIBUNAL FEDERAL AND THE GUARANTEE OF THE RIGHT TO EDUCATION. Rev. Bras. Educ. [online]. 2016, vol.21, n.65, pp.431-454. ISSN 1809-449X.  https://doi.org/10.1590/S1413-24782016216523.

This paper investigates and analyzes the role of the judicial power, specifically the Supremo Tribunal Federal (STF), concerning the judicial demands in the field of the right to education of children and adolescents in the period of 2003-2012. Through this analysis it was observed that the STF has adopted a favorable position towards the realization of the right to education, stipulating that education - including childrens education - is a fundamental social right directly liable to judicial process by the State. Notwithstanding the importance of this jurisprudential position taken by the STF, it was observed in the analysis that there is a lack of dialogue with the educational field as well as the in-depth treatment given to the subject.

Keywords : right to education; judicialization of education; Supremo Tribunal Federal.

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