State evolution and conception of right to education as a fundamental right

Abstract

The right to education as a fundamental right has followed the evolution of the democratic State and it can be found both at the level of the internal law of the States, in the constitutional texts and in international law. It appears in the Constitution of the Portuguese Republic of 1976, inserted in the economic, social and cultural rights and is consecrated in the European Union. Always as a value associated with the rule of law and democracy.Through a methodology with literature revision of portuguese national legal texts and of the EU law it is possible to analyze the progress achieved historically towards the impletation of the education as a fundamental right.