Deveres fundamentais e educação: a responsabilidade do Estado e da família no dever de educar
The Constitution of the Federative Republic of Brazil provides that education is a right for all and a duty of responsibility of the family and the State in collaboration with society. The ways of carrying out the fundamental duty to educate on the part of the State are already provided, in part,...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/30291 |
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| Resumo: | The Constitution of the Federative Republic of Brazil provides that education is a
right for all and a duty of responsibility of the family and the State in collaboration
with society. The ways of carrying out the fundamental duty to educate on the part
of the State are already provided, in part, in the Brazilian political charter itself,
which establishes a list of attributions to be developed by the state entity, so that
the individual enjoys full access to schooling. However, with regard to the duty to
educate with regard to the family, the Constitution does not provide an express
orientation that indicates the limits of the legal responsibility or of the family's
primary duties in fulfilling this duty. In this sense, in line with the rigor of scientific
research and through the guidance of the legal doctrine of the theory of
fundamental duties, especially that adduced by Nabais, Diaz, Martínez, Siqueira,
Faro, Mendonça, Millás, Canotilho and Sarlet, the dissertation has, by theme, the
fundamental constitutional duties and, by object of study, the sphere of legalconstitutional responsibility of the State and the family in fulfilling the individual's
educational duty. Starting from the work research problem, which consists of
investigating whether limits and distinct spheres of responsibility can be
evidenced, both by the State and the family, in the implementation of the duty to
educate, the objective of the dissertation is to discuss the fundamental duty of
education in Federal Constitution of 1988. It is concluded that, with regard to the
fundamental duty to educate, different tasks can be established for each of the
agents responsible for that duty: the State has competences related to formal
education and the family are given attributions related to education formal,
informal and non-formal, all developed in collaboration with society. |
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