The fundamental right to education and the responsability of parents or responsible regarding intellectual abandonment in early childhood and elementary education level 1

Authors

  • Anelise Assis Universidade do Contestado (UNC)
  • Mariza Schuster Bueno Universidade do Contestado (UNC)

DOI:

https://doi.org/10.24302/acaddir.v6.5639

Keywords:

Fundamental Rights, Education, State, Responsibility of Parents or Guardians, Intellectual abandonment

Abstract

Fundamental Rights, such as health, education, food, work, housing, transportation, leisure, security, among others, are based on the Dignity of the Human Person and seek the protection of citizens, where the State has the duty to guarantee them to the population. Thus, this article has as its main theme the Fundamental Right to education, delimited with regard to the responsibility of parents or guardians in the event of intellectual abandonment in early childhood and elementary education level 1. Thus, the study has as its General Objective To present a discussion on the Fundamental Right to education and the responsibility of parents or guardians regarding intellectual abandonment in Early Childhood Education and Elementary Education Level I”. The Specific Objectives are: to discuss Fundamental Rights and education in the Constitutions of Brazil; to present the Fundamental Right to education and the responsibility of parents or guardians in this aspect; to define intellectual abandonment and to list the responsibilities of the school and the Public Prosecutor's Office in this matter. It also raises the following issue: What are the effects of intellectual abandonment of children in early childhood education and Elementary Education Level I, by parents or guardians, and the role of the Public Prosecutor's Office within this perspective? Regarding the methodological aspects, the methodology deductive, of qualitative, descriptive and bibliographic research is used, completing a review of the literature on the subject under analysis. It is concluded that the State has the obligation to guarantee all children and adolescents the Fundamental Right to education and this obligation is configured in the Federal Constitution of 1988 and in other legal instruments, and parents or guardians can be penalized if they commit intellectual abandonment, where the school and the Public Prosecutor's Office must also ensure that this type of abandonment does not occur in society.

Author Biographies

  • Anelise Assis, Universidade do Contestado (UNC)

    Graduanda do curso de Direito, Universidade do Contestado na cidade de Mafra, Santa Catarina, Brasil.

  • Mariza Schuster Bueno, Universidade do Contestado (UNC)

    Mestre em Direito Positivo pela Universidade do Vale do Itajaí – UNIVALI Docente do curso de Direito da Universidade do Contestado - UNC. Campus Mafra. Santa Catarina. Brasil.

Published

2024-12-16

Issue

Section

Artigos

How to Cite

BUENO, Mariza Schuster. The fundamental right to education and the responsability of parents or responsible regarding intellectual abandonment in early childhood and elementary education level 1. Academia de Direito, [S. l.], v. 6, p. 4128–4146, 2024. DOI: 10.24302/acaddir.v6.5639. Disponível em: https://www.periodicos.unc.br/index.php/acaddir/article/view/5639. Acesso em: 9 may. 2025.