THE RIGHT TO EDUCATION AND PRINCIPLES OF JUSTICE IN THE 1988 FEDERAL CONSTITUTION:

A DISCUSSION ABOUT EDUCATIONAL JUSTICE IN LIGHT OF THE LIBERAL-COMMUNITARIST CONTROVERSY

Abstract

This article analyzes the principles of justice applied to education in the 1988 Federal Constitution. To this end, and based on the methodology of bibliographic and documentary analysis, two theoretical models of justice and constitutionalism are offered: the liberal and communitarian conceptions. In view of this, the text presents the following structure: in the first part, the presence of the two theoretical matrices in the constitutional text will be addressed as hermeneutical axes; in the second part, the notion of the right to education present in the Constitution will be explored, as well as an analysis of the constitutional educational principles, mobilizing such conceptions; finally, in the third part, it will be argued that the conception present in the Constitution presents itself as a communitarian conception of educational justice. As a result, it is observed that the principles of justice that are present in the constitutional text, in terms of education, are more focused on a communitarian perspective than a liberal one.