O PRIMADO DA EDUCAÇÃO COMO JUS COGENS: Uma Investigação sobre a Imperatividade Internacional do Direito à Educação

Abstract

The peremptory norms of international law, also knowed as jus cogens, are referred as the most relevant rules in all international law. They represent the basic values of all International Community and, therefore, any and all provisions of law, domestic or international, that attempts against one of them must be considered void and null ab initio, as if it had never existed in the legal order. This effect is due to the consideration that these rules are the pillars of support of the international legal order; being contrary to them is being contrary to the order itself. With this monographic work, we intend to defend the thesis that the right to education is one of these peremptory norms of international law due to its singular preeminence among other human rights and its fundamentality for the International Community. To this end, we proceeded with a deductive research through the selected bibliography and documentary sources in order to define the concept of jus cogens, identify its fundamental characteristics and assess whether the right to education meets the necessary requirements to be identified as a peremptory norm of international law, revealing, in conclusion, whether the international right to education is solid enough to be called a cogent norm of international law during peace or war, during scarcity or prosperity and during health or the health crisis.