Direito social à educação especial: acesso, permanência e qualidade

Abstract

Can the current conceptual inaccuracies of the right to special education, as a public service, affect the realization of this right before the holder of the fundamental right to special education and user of the public service? The general objective of this work is to study and understand the right to special education, from a legal perspective, taking into account the access, permanence and quality of education, that is, special education as a right and as a right in motion, provided through the public education service to answer the question above. The method used is the hypothetical-deductive method, with the aid of documentary research technique and bibliographic review, and the main result of the work is to confirm the hypothesis that, in normative terms, with repercussions in practice, the access, permanence and quality of special education are currently deficient due to conceptual inaccuracies about the right to special education. This conclusion is obtained from the analysis of general aspects of the right to special education and the municipal right to special education, its bases and regulations in the Municipalities of Toledo-PR and Pelotas-RS and from the analysis of the right to special education as a right in motion, or dynamic, on problems and possible solutions, especially already presented in judgments of cases by the Federal Supreme Court. In the end, in addition to confirming the hypothesis, the research points out as a proposed solution the formulation of a dogmatic concept of the right to special education, taking into account the aspects of the law and the law in practice.