THE RIGHT TO EDUCATION AND THE EFFECTIVENESS OF PUBLIC POLICIES: CHALLENGES POSED BY ADMINISTRATIVE DISCONTINUITY AND THE JUDICIALIZATION OF THE SYSTEM IN GUARANTEEING QUALITY EDUCATION

Abstract

This article aims to analyze the intersection between law and education in light of the 1988 Federal Constitution and infra-constitutional legislation, with an emphasis on the realization of the fundamental right to education, especially for children and adolescents. Using a qualitative and theoretical approach, grounded in a literature review and documentary analysis, the article discusses the State’s role in the formulation and implementation of public education policies, specifically regarding the administrative discontinuity resulting from changes in municipal and state governments, as well as the role of the Judiciary in ensuring these rights in the face of administrative inaction. In this regard, the study addresses issues related to school inclusion, budgetary justice, family co-responsibility, and the judicialization of the right to education. It is concluded that, although the Brazilian legal system possesses a robust regulatory framework, its effectiveness depends on coordinated actions among public authorities, educational institutions, families, and civil society, with a view to overcoming structural inequalities and promoting human dignity.