O PACTO INTERNACIONAL SOBRE DIREITOS ECONÔMICOS, SOCIAIS E CULTURAIS E O DIREITO À EDUCAÇÃO NO BRASIL: o PIDESC e o direito à Educação

Abstract

This paper has as its aim to discuss The International Convenant on Economic, Social and Cultural Rights (ICESCR) of 1966 in the perspective of the right of Education as a fundamental right. It is a bibliographic and documental research. We elect as main source:   The 1988 Constitution of the Federative Republic of Brazil, The ICESCR, the reports submitted by Brazil to The Committee on Economic, Social and Cultural Rights of the United Nations, and the Index of Development of Basic Education (IDEB) data from the National Institute for Educational Studies and Research "Anísio Teixeira" (INEP). As a theoretical basis we used Sarlet (2011), Piovesan (2011), Portela (2012) and Ramos (2012, 2019). We conclude that the right to educations is a social, economic and cultural right, and for the complete realization of the right to basic education in the Brazilian legal system, the public policies should invest in the quality of learning of the students in the public and private schools, so that the differences in performance are reduced.