Right to education: from conquest to recognition

Abstract

The text presents a conceptual-analytical framework of the right to education and has in Legal Science and in the Theory of Recognition its main theoretical foundations. Reflections on the right to education articulate aspects that involve both the nature of the law, its validity and legal expression as well as acting factors so that it is recognized, specifically, in the scope of school education. To the macro analysis of the theme is added a panoramic presentation of the current historical period that marks the thirty years of the conquest of the right to education in Brazil as a common good. With a bibliographic character, the study sought to deepen the discussion around the assumption that it is necessary to reflect on the nature, validity and legal expression of the right so that the right to education can be recognized within the scope of school education. The developed argument considers that, although legal achievement is important, when it comes to securing a right, it alone is incapable of  guaranteeing its recognition.