Desvãos do direito e desvios da educação: a justiça brasileira, a Constituição Federal e o orçamento
Although Brazilian electoral law determines the ineligibility of the public administrator whose accounts are refused, the Supreme Federal Court and the Electoral Superior Court consider that the rejection of accounts due to breaking of the minimum percentage that the Federal Constitution provide...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade Nove de Julho
2006-01-01
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| Series: | EccoS Revista Científica |
| Online Access: | http://www.redalyc.org/articulo.oa?id=71580107 |
| Summary: | Although Brazilian electoral law determines the ineligibility of the public
administrator whose accounts are refused, the Supreme Federal Court
and the Electoral Superior Court consider that the rejection of accounts
due to breaking of the minimum percentage that the Federal Constitution
provides to public education do not entail this consequence. This jurisprudence,
that corresponds to a form of legal production of illegality, removes
this possibility of sanction for the administrator and violates the collective
dimension of the right to education, compromising the financing of
the education in Brazil, and also international commitments such as the
American Convention of Human Rights. |
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| ISSN: | 1517-1949 1983-9278 |