Políticas públicas e o direito fundamental à educação : capacidades estatais e o papel constitucional dos municípios.

Abstract

This study analyzed the contributions of state capacities to the realization of the fundamental right to education within municipal public policies. It proceeded from the understanding that the 1988 Federal Constitution recognized education as a fundamental social right and imposed on the State the duty to formulate and implement public policies capable of ensuring its effectiveness. The research problem consisted of identifying the contributions that the state-capacity approach offered to education policy at the municipal level for the realization of this fundamental right. The general objective was to analyze these contributions in municipal education policies. A qualitative approach and a deductive method were adopted. Regarding its objectives, the investigation was exploratory and descriptive; regarding its procedures, it relied on bibliographic and documentary research, including an examination of the 1988 Federal Constitution, education legislation, and scholarship on public policies, the right to education, federalism, public administration, and state capacities. The results showed that legal recognition, although indispensable, did not by itself ensure the realization of the right to education. Municipal action depended on the articulation of technical-administrative and political-relational capacities, financial resources, planning, federal coordination, intersectoral action, monitoring, and social participation. The study concluded that state capacities provided a relevant analytical framework for identifying institutional weaknesses and guiding the strengthening of municipal education policy, with the Municipal Education Plan, aligned with the National Education Plan, serving as a strategic instrument for transforming national guidelines into effective local action.