A judicialização do direito à educação: análise jurisprudencial do Estado do Maranhão

Abstract

This paper deals with the defense of the Right to Education, more specifically how that defense is made in Judiciary of Maranhão. In a historical and jurisprudential approach, it was sought to know how the historical construction of the Right to Education in Brazil took place, which national and international normative instruments safeguard it and what happened until reaching these instruments, and, above all, to know how the Judiciary of Maranhão thinks and positions itself before the violation of the municipal or state entity. It was found that the Judiciary ensures the right to education in the face of violations, but, in many decisions, it was superficial in dealing with the matter, as well as the scarcity of the use of international instruments for reasoning, which is dangerous given the need to be in conformity with international instruments.