POLICY OF POVERTY, LEGAL BUREAUCRACY AND EDUCATION POVERTY - CRITICAL ANALYSIS OF RIGHTS TO INCOME, ACCESS TO JUSTICE AND EDUCATION, AS FUNDAMENTAL INSTRUMENTS FOR HUMAN DEVELOPMENT AND CONSOLIDATION OF THE DEMOCRATIC STATE OF LAW

Abstract

This essay will investigate fundamental and social rights, as important tools for the integral development of the human person, and the consolidation of an authentic Democratic and Law State. Having as sample field the rights to Income, Access to Justice and Education, through a critical-methodological line of reality, an analysis will be undertaken of the relationship between the formal Brazilian legal order and its concrete effectiveness. Under the historical and contemporary perspectives, the objective is to point out the “dehumanizing” tendency of the Law, and to demonstrate the ways to achieve a project of “humanization” and the realization of human rights. The problematization emerges from the “semantic” and “formal” nature of the Political Charter, delineating the ideological elements that obstruct the constitutional happening and presenting the dynamogenic hypotheses. It is weighted in consecrated works, the deductive method and the bibliographical technique will be adopted, pointing at the end how the bureaucratic structure hinders human development.