Direito à educação nos países membros do Mercosul: um estudo comparado

Abstract

The main objective of this thesis is to develop a comparative analysis of the legal framework of the MERCOSUR member countries (Argentina, Brazil, Paraguay, Uruguay and Venezuela), considering the guarantee of the right to education. In turn, the specific objectives are: To identify the relationship between public international law and the human right to education; Understand the insertion of Mercosur in the context of globalization and regional integration; Analyze the goals of the Action Plans of the Mercosur Education Sector, from 1992 to 2015, as guidelines for the definition of public policies aimed at promoting the right to basic education; Analyze, comparatively, the guarantee of the right to basic education in the light of the educational indicators of Mercosur member countries. For that, a bibliographic and documentary research with a qualitative approach was carried out, using a comparative study methodology. The documentary source is constituted by the following documents: Constitutions in force of the countries that make up said block; Educational legislation (Law on Guidelines and Bases and / or equivalent legislation), Mercosur Educational Sector Action Plans, as well as other regulations that complement the educational laws of the countries in order to compare aspects related to the obligatory, gratuitous, financing and organization of the systems education. In addition, the discussion is related to the comparison and comparison of legal orders, data of educational indicators, with the reflections raised by the literature of the area, seeking to highlight advances and limits in the legal scope of protection of the right to education, whose reality needs investigations . In the context of Mercosur, we observe that the right to education has been consolidated in the constitutions and infraconstitutional legislations from their respective political, social, economic and cultural delineations. This picture showed that there is a progressive advance, which allowed the consolidation of an educational legal order. Regarding the indicators, we noted that the expansion of enrollments in the mandatory stages made possible greater inclusion, but with asymmetries between the priorities of the countries. While Venezuela and Paraguay still face the challenge of universalization, on the other hand, Argentina and Uruguay face the inherent difficulties of failure and evasion rates. Brazil, although it has universalized the Elementary School, will have to provide the real conditions to watch the recent extension of the years of compulsory schooling. Due to the scope of the topic, we recognize that there is an extensive field of research open to deepen and produce new knowledge on this subject.