O princípio constitucional da dignidade da pessoa humana e o direito fundamental à educação

Abstract

This bibliographic and documentary research aims to develop a reflective study of interdisciplinary character on the constitutional principle of human dignity and the fundamental right to education. We sought to investigate the reasons why education should be considered a fundamental right and, for this reason, deserve effective protection. The Constitution of the Federative Republic of Brazil of 1988 establishes in its art. 1, III, the principle of the dignity of the human person, indispensable for the realization of fundamental rights. The Magna Carta also provides, in art. 205, on the basic normalization that should guide Brazilian education. Although such regulations represent an advance in the educational field, legal provision is not enough; It is necessary to search for a dialectical argument that goes beyond mere positivation. In art. 5, caput of CRFB / 88, specifies five basic fundamental rights: security, property, freedom, equality and life. These are considered fundamental rights of the others. Given this scenario, the question is: the right to education is positioned at what level, within the framework of rights? Would he, too, be a fundamental right? In this perspective, all rights and constitutional guarantees linked to one of the five fundamental rights mentioned above, provided for in the scope of § 2 of art. 5, should also be considered fundamental rights; the others make up the framework of constitutional rights. It was evident that education is a skillful tool for the full exercise of democracy and that the right to education is an instrument of affirmation of human dignity. It was found that human rights education is an indispensable tool for the education of teachers, since, aware of these rights advocated by the Constitution of the Federative Republic of Brazil of 1988 and, above all, in the complementary legislation, there is the possibility for teachers to discuss and position themselves on their rights and social performance.