This paper analyzes the obstacles faced for the enforceability of the right to the education, by appeal to the Judiciary, related to the deficit of resources for this right concretion; to the impossibility of Judiciary from intervening in the Executive Discretionary Power and to the satisfaction the diffuse and collective demands related to formulation and implementation of public policies. The subjects are discussed from the limits presented for the realization this social right, and proposals for it overcoming, appealing to the literature and the sentences of the Supreme Court and the São Paulo Justice Court.
Right to education; Judiciary; Public policy education; Education financing