| Summary: | The 13.005/2014 statute, which established the National Education Plan (PNE 2014-2024), was unanimously approved by the National Congress. Relevant for its development were contributions of various sectors involved with education, both public and private, ranging from childhood education to graduate programs. The proposals of these different groups were widely debated and systematized at the 2010 National Conference on Education (CONAE). To comply with PNE 2014-2024’s guidelines, goals and strategies, 13.005/2014 staute established the duty to institutionalize the National Education System (SNE) after a period of two years after its promulgation. The purpose of this article is, from Law and Public Policy approach, to identify the main legal and political barriers that prevented the structuring and standardization of the SNE. This is a complex issue that involves disputes over the regulation of cooperative federalism in educational matters, provided for in articles 23 and 211 of CF / 88, as well as conflicts of a distributive nature regarding the choice of priorities for government action and the destination of public resources. It is possible that the social protection model, agreed upon during the constituent process, is at stake, thus justifying the approach here proposed, aiming to identify and better understand the tension points among the legal, political and pragmatic-financial elements underlying the problem.
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