IMPLEMENTATION OF HUMAN RIGHTS IN THE SCHOOL CONTEXT AS A NECESSARY INSTRUMENT FOR THE EDUCATION QUALITY

Authors

DOI:

https://doi.org/10.11117/rdp.v20i105.6918

Abstract

The article deals with the mandatory implementation of human rights in school context as a requirement of constitutional and supralegal norms in order to obtain the adequate standard of quality in education. The problem verifies whether the realization of human rights is indispensable for the implementation of a quality school education in accordance with the expectations of the Federal Constitution and the international treaties signed by Brazil. The hypothesis expresses the human rights as indispensable to configure the contents of adequate standard of quality in education in order to realize a teaching and learning process guided by the educational principles and objectives placed in the Brazilian Constitution (articles 205 and 206). The article uses the hypothetical-deductive method and the bibliographic research technique. It verifies the doctrine and compares the thinking of the Legislative, Executive and Judiciary powers on the subject from the interpretations to elaborate laws and regulations, approve international human rights treaties as well as deliver collective decisions of judges. The objective is to prove that Brazilian legislation requires the contents and purposes of education act to implement human rights. The results show although there have been advances in the enforcement of human rights in the school context, exists ideological resistance from the majority group in society to recognize some of those for minorities. This was demonstrated in actions by the state and municipal Legislative and Executive branches to elaborate laws and regulations, forcing the judiciary to act in a countermajoritarian way to protect human rights of vulnerable groups.

KEYWORDS: Quality School Education; Human Rights; Vulnerable Population.

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Author Biography

Lelio Maximino Lellis, Centro Universitário Adventista de São Paulo (UNASP)

Pós-doutor em Direitos Humanos pela Universidade de Coimbra, Portugal, foi Visiting Scholar em Direito Constitucional Comparado pela Universidade Columbia, Nova Iorque, EUA. Doutor em Direito do Estado e Doutor em Língua Portuguesa (Linguística) pela PUC/SP. Bacharel em Direito pela Universidade Mackenzie. Licenciado em Língua Portuguesa e em Pedagogia pelo UNASP. Professor nos Cursos de Graduação e Pós-Graduação em Direito do UNASP. Advogado. 

Published

2023-04-28

How to Cite

Maximino Lellis, L. (2023). IMPLEMENTATION OF HUMAN RIGHTS IN THE SCHOOL CONTEXT AS A NECESSARY INSTRUMENT FOR THE EDUCATION QUALITY . Direito Público, 20(105). https://doi.org/10.11117/rdp.v20i105.6918