Rawls : educação e cidadania

• Autor(a) principal: Albrecht, Lourdes Pasa
• Data de Publicação: 2022
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: https://tede2.pucrs.br/tede2/handle/tede/10185
• topic: Direito Fundamental à Educação; Primeiro Princípio de Justiça; Elemento Constitucional Essencial; Liberdade e Igualdade; Democracia Constitucional; Fundamental Right to Education; First Principle of Justice; Essential Constitutional Element; Freedom and Equality; Constitutional Democracy; Derecho Fundamental a la Educación; Primer Principio de Justicia; Elemento Constitucional Esencial; Libertad e Igualdad; Democracia Constitucional; CIENCIAS HUMANAS::FILOSOFIA

The main objective of this thesis is to verify the possibility of the foundations of the right to education on the principle of equal basic rights and freedoms, integrating the list of the first principle of political justice as equity by John Rawls, as well as its configuration as an essential constitutional element. To this question of this thesis, the hypothesis is raised, at the end proven, that the right to education can be based on the first principle of justice, being incorporated to its list, as it constitutes an essential constitutional element. For this purpose, the first chapter examines the legal and philosophical structure of education from the perspective of the essentiality of fundamental rights as a basis for the development of protection and realization of the right to education in the national and international normative framework, more precisely within the scope of the Declaration Human Rights, the International Covenant on Economic, Social and Cultural Rights and the 1988 Brazilian Constitution, emphasizing the essentiality of education as one of the most important instruments of human development and citizenship. It presents the arguments that shape education as an object of freedom and equality for the individual-citizen and as a condition for the protection and enjoyment of other fundamental rights and freedoms. It points out the explicit statements about education that Rawls made himself, and about the implicit parts of his theory that suggest complementary educational requirements, underlining the relevance of its multifunction in the formation of free and equal citizens for effective participation in political and social life. The second chapter of the thesis develops Rawls's theory of justice as equity, notably in his political conception for a constitutional democracy versed in political liberalism, emphasizing its central conceptual elements in order to form a consistent theoretical basis for the cognition of education as a fundamental constitutional right essential for the democratic citizenship. Together, the first and second chapters provide the structural presupposition of the final chapter, which explores in conclusive terms the treatment of education as an essential constitutional element and lays the foundations for its foundation in the first principle of justice. This is the moment in which we will seek to confirm the proposition presented in this thesis, related to the research line State and Theories of Justice and the area of concentration Ethics and Political Philosophy.