Núcleo essencial do direito social à educação: uma análise segundo a teoria dos direitos fundamentais de Robert Alexy

Abstract

The present work analyzes the theory of fundamental rights of Robert Alexy, especially concerning the distinction between principles and rules to, at a later time, defining the essential core of the fundamental right to education and social effectiveness in Brazilian law. The exam is necessary if the jurisprudence of the Supreme Court, beyond the detailed study of legal doctrine relating to this topic. Furthermore, we will analyze the concept of existential minimum of one law, rejecting the argument of the budget reserve as possible as regards the enforcement of the minimum existential. To reach these conclusions, the study suggests several classifications of constitutional standards, noting that the concept of program standards should not exist, otherwise it would deny the very fundamentality of these rights. For the last, the present study makes an analysis of the rules that deal with education and its justiciability within the national legal system.