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Schooling is a fundamental right and integrates the existential minimum of the whole human being. The 1988 Brazilian Constitution placed schooling and education within the social rights as integral factors to basic rights. The National Constitution Assembly sought to elaborate a text which would have normative efficaciousness and placed the access to obligatory and free schooling as a subjective public right. Although during the sessions struggles between the liberal and socialist ideologies were rife, a compromise was achieved with deep changes in the text. These may be considered progressive for the implementation of more democratic, free, just and pluralistic education with the development of the entire society as its corollary.

revista jurídica cesumar mestrado

TOLLER, Fernando M. O formalismo na liberdade de expressão : discussão da diferenciação entre restrições prévias e responsabilidades ulteriores. Trad. de Frederico Bonaldo. São Paulo: Saraiva, 2010. 131 p.