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The public and the private in the Brazilian constitution of 1988 and in the education’s laws

ABSTRACT:

This article intends to study the public and private relation in education from the citizenship´s concept, as well as its relationship with Brazilian legal order. The freedom of teaching is recognized as a principle of the individual’s and the family’s civil right, as well as a principle of education. This relation isn´t neutral, considering that the education field is a dispute field. In this sense, the insertion of principles in the legal order makes this relationship very tense, as in the Constituent 1987-1988, in the procedures of the Guidelines and Bases Law’s of National Education and other infra-constitutional laws. This tense relationship was present in our past, in our education history, always conditioned by the socio-political context and controls by the State. Thus, in our days, the flexibility in the legislation and the retreat of the State in education allows for weak regulation. So, private education occupies an even wider space in the education field.

Keywords:
The public and the private in the education; Public and private teaching; Freedom of teaching

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