DIREITO SOCIAL À EDUCAÇÃO FUNDAMENTAL: METAS E DIRETRIZES DO MINISTÉRIO PÚBLICO DO ESTADO DE GOIÁS BASEADAS EM SEUS PLANOS GERAIS DE ATUAÇÃO, DE 1999 A 2007

Abstract

The current study, of theoretician-documentary nature, has the goal of analyzing the constitutional notion of social right to `the basic education in regulatory landmarks of the Great Letter of 1988 in Brazil. It is about the maintenance of an imperious public law of the population at a conjunctural moment of reestablishment of the democratic freedoms and structural moment of influences of worldwide neoliberal waves provoking the bankruptcy of the State of Law. Two conceptual paradigms are conflicting: education as right and the education as service. To old the four series of the pertaining to school group they are increased, of the point of view of the state obligatoriness, more the four of the old gymnasium, being born denomination of basic education of eight sequential series. This level of obligatory state nature, right of the citizen and responsibility of the Estate cannot be restricted, contemporarily, to the one mere formalization of obligations. The concept of social right to the basic education praises the freedom of access and guarantees of the pertaining to school success, what makes it necessary to provide the system with objective and subjective conditions for its materialization. Amongst the devices of observation guarantee the objectives defined for the law, it is placed performance of the public prosecution service in each State of the federacy. In this perspective, the role played for the goianian representation of the Public Prosecution was studied, from 1999, time of approval of its first General Plan of Performance, until the year of 2007. From the construction of the education as a social right through all the constitutional modifications of 1824 the agreement of the complexity of organization and functioning of the Public Prosecution service of the State of Goiás, to its effective performance, a theoretical, historical passage and politician is corporate in order to understand that the practical one to accomplish a social right is not less controversial than its debates and fights to approve it. It is in this direction that the agencies of observation of the social rights can contribute for its effectiveness. The research demonstrates a sufficiently significant performance of the Public Prosecution service of the State of Goiás to take care of specific demands such as the creation of City Councils of the Rights of the Child and the Adolescent, Custody Council and respective fund; the measures to assure access and permanence in the school; the requirement of the pertaining to school transport; the number of pupils for classroom to guarantee the learning of all; the application of the resources of the Fundef, amongst others. But it also identifies that new demands are appearing and demanding a bolder interference of the institution, as well as the necessity to stimulate the accomplishment of studies of technician-scientific nature being deepened questions as legal regimen of the basic education and more rigorous observation of the application of the resources of the Fundeb that finished for extending the covering not necessarily and, according to many educational voices, necessary the budgetary and financial resources.