Ausência de políticas públicas na educação e sua violação aos direitos transindividuais.

Abstract

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.