SOCIAL RIGHT TO EDUCATION IN BRAZIL POST-1988:

primacy of the public, suppression of the private

Abstract

This theoretical essay discusses the construction of the Social Right to Education in Brazil and analyzes how the discourse on public management emerged in the field of education after 1988. Based on the analysis of the 1988 Federal Constitution (FC) of Brazil and the 1996 Law of Guidelines and Bases of National Education, from the historical perspective as an exercise in the denaturalization of the present, it places the materials in socio-historical configurations subsidized by a post-structuralist approach. In the data analysis, the documents were read using markers, in order to articulate their emergence in historical and social configurations around the construction of the right to education in the country. Through the results, it shows how the articulation between public and private/private in the FC and in LDBEN made the presence of these spheres in Brazilian education official and instituted a Democratic State of Law that supports its actions to guarantee the right to education through practices that make two fields of education coexist, as a pillar for the development and sustenance of the nation. With that, it discusses how the post-1988 materialized a relative suppression of the private and particular sphere in the same purposes of justice and minimization of social inequalities that were relegated to the public sphere. From the analyzed materials, it infers that, by keeping private and particular institutions - also responsible for producing inequities in education in the history of Brazil - almost exempt from the responsibility to guarantee access to the right to education, post-Constitution, the broad guarantee of education as a right for all, universal and free, as sought after with the promulgation of the 1988 Constitution.