O direito à educação e o princípio da proibição de retrocesso
Abstract
This is a Course Completion Work (TCC) in the field of pedagogy, with the primary objective
of promoting the study of law and education, specifically the right to education. It aims to
address the ongoing task of ensuring that such a fundamental right, like the right to receive
and provide education, is not undermined, restricted, or even abolished. An educated
individual transforms nature through their work and, in doing so, shapes society in the pursuit
of equality with others. In the current context of the Rule of Law in our country, the right to
education was enshrined through the legal frameworks established by the Federal Constitution
of 1988, as this right had not always been guaranteed. However, there is a legal subtlety to be
noted: it was with Constitutional Amendment No. 108 in 2020, through an amendment to
Article 206 of the Federal Constitution (CF/88), which included section IX, that it was
ensured the right to education could not be suppressed, under the penalty of violating a legal
principle—the principle of non-retrogression regarding the human right to receive and provide
education. Focusing on the history of education, research was conducted to trace the
guarantees of the right to education over the centuries, revealing that education is often
subject to the whims of those in power. The effort to domesticate such power, whether
cultural, economic, or political, began to take shape in 1948 with the Universal Declaration of
Human Rights. However, I understand that one cannot discuss Human Rights without
providing a foundation for their protection; there is no right if it cannot be safeguarded. This
is why I have addressed the international systems for the protection of Human Rights: the
global system (UN and its specialized bodies) and regional systems (European, African, Arab,
Asian, and Inter-American), while also differentiating between education in human rights and
education for human rights—another subtlety of the Portuguese language. The theoretical
framework of human rights led to the creation of the principle of non-retrogression in society,
and it was this principle that shaped the insertion of section IX into Article 206 of our Federal
Constitution in 2020.
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