A justiciabilidade do direito fundamental à educação : análise do direito comparado entre dois casos paradigmáticos dos contextos de Brasil e Colômbia

• Autor(a) principal: Ricón, Mario Alejandro Mora
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFS
• Texto Completo: https://ri.ufs.br/handle/riufs/4373
• topic: Direito; Direitos humanos; Direitos sociais; Direito à educação; Direito comparado; Direitos sociais fundamentais; Exigibilidade; Justiciabilidade; Human rights; Fundamental social rights; The right to education; Justiciability; Comparative law; CIENCIAS SOCIAIS APLICADAS::DIREITO

The rights may be required when they were violated or infringed. The rights are provided for in national laws and international standards such as the Universal Declaration of Human Rights and the covenants on human rights in 1966, among others, to demand them, can use both national justice system as international. This chargeability occurs both in the political sphere (through social mobilization and action by public authorities), as in the legal field (national judiciary and international courts). In the latter case, it is when he is called justiciability. The Universal human rights system established access to justice as a guarantee of social rights. This means ensuring effective judicial protection for the duties of States. Our research of the idea that to understand organizational phenomena of society, which are correlated to the right, a method is necessary in this case, the comparative legal method The current problems that have the realization of the fundamental right to education (restricted and almost privileged access at all levels, uncertain and conditional adaptability, etc.) are dormant. The issue of justiciability of the right to education is dealt with in a right perspective compared between Brazil and Colombia, and is understood as the power of the holders of this fundamental right to require states to respect and protection, making it effective; in other words: it is the obligation of States to provide judicial remedies for such purposes. The justiciability is a way to enforce the rights before the courts, both at the national, regional and international levels, and analyzed in our thesis