A contribuição de Diké na formação do Emílio ou o papel da jurisdição constitucional na concretização do direito social à educação

The fundamental social right to education has a lengthy constitutional argument, having been declared as a right to everyone in the Title dedicated to the fundamental rights and warrants and, later, scrutinized in the Social Order Chapter exclusively devoted to this theme, where specific rights are guaranteed and fundamental duties are imposed to family, society, and state. In that which concerns education, the 1988 Constitution is the result of a historical-normative process which, since the days of the Lusitanian Empire wavering between distinct levels of protection warrants in some way the educational process. Nevertheless, not even the State s oldest commitment to education has been fully achieved, namely, the annihilation of illiteracy. Even as other fundamental social rights, education is inflicted with the lack of effective political will to reach its fulfillment, and this is reflected in the production of doctrine and jurisprudence which reduce the efficacy of these rights. The objective of this work is to analyze what part is to be played by the constitutional jurisdiction in the reversal of this picture in regards to the fulfillment of the fundamental social right to education. Therefore it is indispensable to present a proper conception of constitutional jurisdiction its objectives, boundaries and procedures and that of the social rights in the Brazilian context so as to establish its relationship from the prism of the right to education. The main existing obstacles to the effective action of constitutional jurisdiction on the ground of social rights are identified and then proposals so as to overcome them are presented. The contemplative and constructive importance of education in the shaping of the individual as well as its instrumental relevance to the achievement of the democratic ideal through the means of the shaping of the citizen is taken into account. The historical context which leads to the current Brazilian educational system is analyzed, tracing the normative area and the essential content of the fundamental right to education aiming to delineate parameters for the adequate development of the constitutional jurisdiction in the field. This jurisdiction must be neither larger nor narrower than that which has been determined by the Constitution itself. Its activity has been in turns based on a demagogic rhetoric of those fundamental rights which present a doubtful applicability, or falling short of that which has been established showing an excessive reverence to the constituent powers. It is necessary to establish dogmatic parameters for a good action of this important tool of constitutional democracy, notably in regards to the fundamental social right to education, for the sake of its instrumental role in the achievement of the democratic ideals of liberty and equality

A melancolia nas crônicas de Maria Judite de Carvalho

Maria Judite de Carvalho began his literature in 1949 in journals of Lusitanian capital. Until his death, which occurred in 1998, published more a thousand texts, most of them have never been extracted from their support original, the newspaper, making them unknown to the public today. In order to rescue of this precious material chosen as the literary corpus of Search the chronicles published in the Diário de Lisboa, periodic where the writer published the largest number of texts in the section Rectângulos da Vida, 395 (three hundred and ninety-five) chronic for five consecutive years (1968-1972). Looking at these texts I realized that she inserted into her narrative the changes occurred in the twentieth century, in Portugal, capturing the moment of breaking with traditional models and introducing new paradigms imposed by modernity. What happens in this period is an extremely fast and deep change of values and customs with which the Portuguese society faces and experiences with a certain uneasiness. Given this unstable scenario, Maria Judite expresses, through her ironic and critical narrative, the portrait of the Portuguese people and their behavior full of anguish and sorrows that are revealed through the gloom. After a thorough reading of his texts I found that this was the guiding element of juditiana writing. It is presented in the chronicles in many respects they were privileged during the five years of publications they are loneliness, abandonment, death, isolation of individuals who feel increasingly powerless in the face of changes experienced as a consequence of this state and present is melancholy all the time. This is a photograph of Maria Judite de Carvalho on Portuguese society told in her chronicles as I saw this survey.