Direito Fundamental à Educação e o Amálgama das Charter Schools: análise do (des)equilíbrio entre as esferas pública e privada

The model of charter schools, originated in the United States of America and characterized by public schools run by private institutions with greater autonomy of management and contracting, has been little imported by Brazil under the argument of quality and educational efficiency. However, despite the fact that its implementation can be promoted by the State or by civil society, the current privatistic scenario culminates by unduly interfering in exclusively public discussions, making compulsory public education the object of desire, in a manifestation of the "good" imputed to efficient and wellintentioned society, to the detriment of the "evil" represented by the state, supposedly averse to efficiency. In this context is the problem to be faced in this article, namely the implementation, in Brazil, of American charter schools and that gain space in Brazil, through legislation related to partnerships. However, the taking of public spaces such as public school education offered by the federative entities by organized civil society groups may represent undue interference in the implementation of State policies enshrined in the Constitution of the Republic, in order to subject the right education to the interests of economic groups at the expense of national development. Thus, the sophism of the efficiency of the private sphere must be put in evidence to demonstrate the need to improve the relationship between the State and civil society as entities that must point to the same north, the public interest.