A Configuração do direito à educação aos privados de liberdade: a legislação brasileira e italiana em questão

Abstract

The objective of this dissertation is to analyze the ways of guaranteeing the right to education, specifically the right to the freedom-deprived people, established in the Brazilian and Italian legislation. The importance of this theme is justified considering that the guarantee and expansion of human rights is a goal of democratic societies. The right to education is characterized as a human right, established since the Universal Declaration of Human Rights by the United Nations (UN) in 1948. Since then, there were advances achieved by the world society, in which the right to education is extended to all people, as declared by the World Education Conference held in 1990, in Jomtien. In this context, we sought to know the legalnormative mechanisms that guarantee the rights of those deprived of freedom in a comparative way, considering the relevance of the legal system on the basis of Roman law for the Brazilian system and even for other countries. It is worth highlighting the personal interest in the subject, which is added to the fact that a scholarship was obtained from the Foundation for Support to the Development of Education, Science and Technology of the State of Mato Grosso do Sul (FUNDECT) for the realization of a exchange master’s degree in Italy. Methodologically, we adopted comparative education, with a qualitative approach, based on bibliographic surveys and documentary research, having as primary sources the Brazilian and Italian normative instruments that deal with education for the people deprived of freedom. It was possible to observe that the international guidelines, which point to education as a right for all, contributed to its expansion, including the extension for the freedom-deprived people, which was made explicit in the normative frameworks of the countries analyzed. In this aspect, Italy presents a legal system more effective to ensure this right because it is included in its Federal Constitution approved in 1947, while in Brazil, this concession appears later and in infra-constitutional rules. The focus of these systems is on prioritizing Youth and Adult Education (EJA) as an alternative to formal education for this population. Education is presented within the legislation of both countries because of its potential to contribute for the reintegration of the person into society and not for the essence of the right to education, which would give way to the possibility of lifelong learning. More researches in this area are needed to address the efficiency of the right to education for this group and the results of current policies, including comparisons with other countries.