FREIRE, R. R.; http://lattes.cnpq.br/7398474046016690; FREIRE, Rayanne Rodrigues.
Resumen:
The Consumer Defense Code brought native country’s legislation an innovation that
have for long been expected since the transindividual rights have always been true in
all ages from the state of emergence. This statute defined objectively which would be
these rights, a topic that was so controversial before. The key milestone in the transrights spreading in Brazilian law was its classification under the Consumer Protection
Code, dividing them into diffuse rights, collective and homogeneous individual. As a
result of the recognition of collective rights, it was necessary the development of the
so-called collective protection in the procedural framework, enabling that the actions
would have the same problem situations, and subjects are compressed into a single
process in order to ensure procedural economy and due lawsuit. The transindividual
rights have legal protection, so that their violation must be repaired immediately,
even if the act was committed by a public official, by the fact that it is a fundamental
and universal need. In education, for example, the absence of public policies that can
increase their development entails responsibility to the neglectful administrator. The
implementation of public policies in education is essential to building an including and
equal society, so that the omission by the administration is of liability of both judicial
review and supervision by the Public Ministry and should be nurtured primarily
because this is of collective interest and necessary for social and economic growth of
the entire nation. The aim of this study is to analyze the failure of public policies in
education as a violation to transindividual rights. Therefore, the methodology used
was deductive approach method, as a method of historical-evolutionary process and
as research techniques bibliographic and jurisprudential.