Os sujeitos da (des) ordem: o direito frente ao desafio da efetivação do direito humano à educação nas prisões do Rio Grande do Sul

Abstract

The right to education is a fundamental human right provided for in the Brazilian Federal Constitution of 1988, however, despite constitutional guarantees of access and permanence in the educational system are perceived some dissonances, because the system still retains traces elitist and exclusionary, fruits of your process historical constitution. The changes introduced by the Constitution assured the all Brazilians, when they were deprived of freedom or not, the Human Right to Education, inserting them without distinction in the educational system. The subjects of the prison system , here called " clutter " break with the "order " until then designed the educational and legal system traditionally accustomed to the demands of a homogeneous population, composed of white, middle-class and high society of law requiring ownership of the subject. The study used the phenomenological - hermeneutic method, through the documentary and bibliographic research in law, doctrine, jurisprudence and public documents to identify how law through the production rules and the case law produced can contribute to the realization of the Right human Education -called "subjects of (dis) order" of the prison system. The study is divided into two parts: the first dedicated to the identification of the rights of individuals in detention in the Rio Grande do Sul and the second focused discussion of the (in) effectiveness of the Human Right to Education in Prisons. We conclude that for Right to Education is no longer mere statement to the inmates of the prison system is necessary to understand the conservative and alienating nature that the ineffectiveness of both the educational system, as legal under the most diverse arguments, performs the prison space causing that the state's prison population continues to pay marginality and social exclusion.