Constitutional Rights to Education

The Brazilian federal government legislates direction for national education, develops national educational plans, and provides technical and financial assistance to the states, the Federal District, and to municipalities for the development of educational systems. The Federal Constitution of Brazil outlines the educational rights of Brazilian citizens in Title VIII, Chapter III, Section 1.

Education is the right of all and a duty of both the State and families, in cooperation with general society. The aim of education is defined as the full development of a person, qualification for work, and participation as a citizen (article 205).

Education will be provided on the basis of I. equal conditions for access to school; II. freedom to learn, teach, research and express thought, art and knowledge; III. pluralism of ideas and coexistence of public/private schools; IV. free public education; V. appreciation of teaching professionals with minimum salaries based on exams and credentials; VI. democratic administration; and VII. guarantee of quality (article 206).

Universities are given significant autonomy but have the requirement to comply with non-dissociation of teaching, research and extension (article 207).

The state will fulfill its educational duty by ensuring I. mandatory and free elementary education; II. progressively universal high school education; III. specialized schooling for the handicapped; IV. assistance for early childhood education; V. access to higher education, research and the arts; VI. regular night courses; assistance through supplementary programs for school material, transportation, food, and health (article 208).

Teaching is open to private enterprise as long as they comply with rules of national education and are authorized and evaluated by the government (article 209).

Minimum curricula will be established for elementary schools to ensure common national education. However, some topics such as religion are optional and Indian communities are able to use their own language and learning methods (article 210).

The Union, states, Federal District and municipalities will cooperate to organize educational activities; each governing body will take on a different role (article 211).

A minimum percentage of tax revenues - 18% from the Union and 25% from the states, Federal District and municipalities - is to be used towards education through distribution process set out in law. Donations from companies for education are permitted (article 212).

Public resources will be allocated to schools and other community, religious or philanthropic schools that channel funds to education, scholarships, or research (article 213).

The law will establish a multi-year national educational plan to work towards the eradication of illiteracy, universal school assistance, improved quality, professional training, and humanistic, scientific, and technological advances (article 214).