DIREITO FUNDAMENTAL À EDUCAÇÃO E ORÇAMENTO PÚBLICO.

Abstract

This Master Thesis presents a research proposal regarding the public budget foreseen in the Federal Constitution as a guaranteed mechanism for the fundamental right to Education. Therefore our starting point is contemporary constitutionalism, whose main features are: its normativity that recognizes the constitutional provisions and legal norms; the Constitution superiority; as well as the Constitution centrality in the contemporary legal systems. Moreover inside this Constitutional centrality it is necessary to highlight the recognized fundamental rights, provided by and protected by the State, which has the primary role of ensuring them and above that, the role of promoting them. This discussion on fundamental rights’ endorsement depends on positive actions taken by the Government, such as the provision of the constitutional right to education; and if it depends on a public action, then it involves a decision regarding the form of public resources use. In order to observe the fundamental right to education guaranteed by the Federal Constitution, it is necessary that Public Management establishes actions and programs through educational policies and, therefore, provides the necessary resources. In this dissertation, the main goal will be to discuss how the public budget, constitutionally guaranteed, is an effective instrument to ensure the right to education.