Of the evils, Mrs. Damares, the greatest: the right to
education, ultra-conservatism and the myth of full
protection of children and youth in the Constitutional
Court of the Brazilian Judiciary
Keywords: Conservatism; Infancy; Youth; School Without a Party; Justice.
The aim of this research is the study of conservatism in Brazilian education through the analysis of judicial decisions of the Federal Supreme Court. The judicial manifestation carried out from the perspective of the abstract analysis of the constitutionality of the legislation relating to the “School Without Party” movement and homeschooling occurred ostensibly in the Federal Supreme Court. This research seeks to answer whether one of the main political-ideological flags of conservatism, which is the defense of childhood and youth, has been judicially analyzed under the mantle of the fundamental constitutional principle of full protection of childhood and youth, the basis of this category of subjects. This is a qualitative study of judicial decisions handed down by the Federal Supreme Court, applying the method of reflective thematic analysis on the content of these decisions. In the end, as an intervention product, we intend to prepare a draft of an action for noncompliance with a fundamental precept, which will be presented and made available to political parties interested in promoting the judicial confrontation of conservatism in education before the Federal Supreme Court.