What the Supreme Court teaches us about the Right to Education: conceptual difficulties and veiled communitarianism.

The main objective of this research is to elaborate a detailed guide on the most relevant aspects related to case law on the right to education in Brazil. Based on four cases ruled by the brazilian Supreme Court, we seek to explore three points: the increasing judicialization of the issue after 2000´s; the confused nature of said legal right (social, individual or collective); and, finally, ideologically, the contrast between the theoretical republicanism that inspired our founding fathers and the jurisprudential communitarianism. In this way, it was possible to formulate some conclusions about the judicial reasoning of the Supreme Court: a) the increase in cases resulted from changes in governmental policies on education; b) in Brazil, the right to education is often entangled with other rights such as freedom and equality; c) despite not expressing themselves explicitly about political-ideological directions, Justices tend to align themselves with the communitarian bias.