LAW OF GUIDELINES AND BASIS OF NATIONAL EDUCATION: WHY AND ITS HISTORICAL CONTEXT

Abstract

Brazil is a country organized and governed on the basis of its own legal rules according to the 1988 Constitution. Its administrative structure runs through the Executive, Judiciary and Legislature, which has the task of creating standards to meet the needs of the Brazilian people. As the Federal Constitution provides, but it does not list in detail the education as a social right, there is the need for other documents that ensure the educational dynamics, which is the LDBEN. This paper, through literature and documentary review, aims to present the state organization, the meaning of a law to society and discuss the reason why there is the LDBEN 9394/96. This legal instrument of education also has a troubled historical record throughout the legal process in Congress and by the social period in which it was discussed, since the history of Brazilian education is characterized by very different events based on changes of government in each moment, so that it is presented a historical review of its creation. This law was discussed for a long time and, yet, failed to fully meet the initial needs of Brazilian education, requiring many changes since its promulgation. We consider this law an important achievement that contributes to the fight for better education, which in spite of the legal repertoire, moves to its legitimacy.

Key words: Government, Federal Constitution, Education, LDBEN 9.394/96.