Direito social à educação: eficácia da legislação emergencial e o acesso à educação durante a pandemia da COVID-19

Abstract

This is a study on the Right to education in times of pandemic based on emergency legislation, to evaluate the effectiveness of these legislations in addressing the difficulties in offering continuity of studies for thousands of public school students with the regularization of remote education. Using bibliographical research as a methodology, of a qualitative and pure nature, of an exploratory nature, built from the analysis of databases on the Right to education during the pandemic and the effects of emergency legislation in different areas of society published by the Observatory of Rights Humans - Crisis and Covid-19, as well as bibliographical research in books, publications and government documents, websites and academic texts available in the main databases such as: Scielo Periodicals Portal, among others, and also the indepth study of documents from the Human Rights Observatory - COVID-19 Crisis. It appears that the emergency legislation enacted during the pandemic related to the Right to Education did not guarantee the basic Rights linked to this area of citizens' social formation, and that of the thousands of public school students, the most affected were black and poor people who already were in a vulnerable situation, which was worsened by the pandemic, and given the scenario experienced in relation to education during this period, it is urgently necessary to create public policies that guarantee the effectiveness of the Right to education in its entirety.