Freedoms in Conflict: The Imposition of Limits on Freedom of Education Based on Alleged Violations of other Constitutional Freedoms

Abstract

The right to education is one of the main tools outlined by the 1988 Constitution in order to ensure the effectiveness of its text, and the fulfillment of its fundamental goals. The union of the right to education with the constitutional freedoms complex resulting in the principle of freedom of education was one more way that the constituent power found to ensure implementation of its plan for Brazilian society. However, freedom of education has suffered restrictions based on alleged violations of other constitutional freedoms, thus forming conflicts between fundamental rights. From the handling of the bibliographic search method, this article intends to demonstrate that these alleged violations are the result of a distorted interpretation of the constitutional text that seeks to legitimize discriminatory conducts.

Keywords

• Educação, Liberdade de ensino, Direitos sociais, Direitos fundamentais