O direito constitucional à educação: a educação enquanto direito social e as violações a esse direito constantes na nova Base Nacional Comum Curricular (BNCC)

Abstract

The present work turns its focus of interest to the education, as well as its importance in an interaction perspective that involves the social subject, giving it elucidations about the Common National Curricular Base. The right to education is foreseen in the Constitution of 1988 and has in the first article of Law No. 9.394 / 1996 (Law of Guidelines and Basis of National Education) based on the education duty of family and state, so let's try to present subsidies that show us how this process has been taking place since the promulgation of the Federal Constitution of 1988 and join the parameters of Law 9394/96 and its amendments through MP - Provisional Measure 746, of September 22, 2016, converted into Law no. 13,415 / 2017, whose standard reformulated the Common National Curriculum Base. The uneasiness that gave rise to this work is at the heart of the unconformity of the current Brazilian educational situation. It is of utmost importance that the rights and duties of Brazilian citizens in the field of education offered especially in public schools be public domain and that the differences are minimal when compared to private schools accessible to the most privileged classes of Brazilian society. To this end, we will look at violations of the new BNCC to the right to education, as there are numerous complex discussions in this area, with many views for and against the implementation of the new BNCC. There is a right to education guaranteed by the Federal Constitution of 1988 that after the New Common National Curriculum Base notoriously, we see that this right is being weakened, not only in terms of content but also in the implementation of the “new education”, since, Several questions remained open, which supposes even weakening the dignity of the human person. It is clear that our goal is to instigate new discourses on the constitutional right to education and through these new discourses obtain results that will improve the educational situation in Brazil and the free and qualitative access to all those who make up Brazilian society. The method used was qualitative through bibliographic analysis, interviews of websites of personalities who participated as contributors to the construction and implementation of the BNCC, as well as the opinion of teachers and people from sectors of civil society.