Misunderstanding the law, misappropriation of public education: Brazilian judiciary, Federal Constituion and the budget

Abstract

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.