Mínimo existencial na hermenêutica da jurisprudência brasileira referente às políticas públicas relativas ao direito à educação

Abstract

The present work focuses on the study of the legal concept of “existential minimum”, taking as a substrate of analysis the Brazilian jurisprudence. It establishes as premises: (1) in case of omission of the Brazilian Government for the development of education in Brazil, social rights are not being guaranteed equally; (2) with the growing need for access to the right to education, this fundamental social right happens to be a matter of constant appreciation by the judiciary; and (3) in its turn, the Judiciary starts to analyze this right by fixing a minimum required parameter for a worthy experience. With this reality in mind, this research aims at analyzing the concept of the existential minimum in the field of education. Scholarship and legislation were considered, but the conclusions refer to the jurisprudence of the Federal Supreme Court and the Superior Court of Justice. We reach a conclusion with a reflection on the legal consequences of the positioning of the higher courts on the subject: the implementation of a wrong and reductionist legal hermeneutics of the right to education.Keywords: existential minimum, public policies of education, rights to education, jurisprudence.