Education is something essential in all the spheres of the convivncia human being. Since the familiar seio ace work relations, in the life in society as a whole. One never heard to speak of a society in which same education did not exist that it disclosed itself of more rudimentary form. Even though in the societies scholars do not exist education, even so in assistemtica way without having as base a system of education to give the necessary lines of direction to it. Being thus, ahead of the great importance of the education for the development of the life in society one justifies because the same one if constitutes as right assured to all the citizens. Valley to stand out that nor always it was thus.
In Brazil, the first constitutions of 1824 and 1891 did not deal with the education with the had attention that it it deserves and they did not characterize it as a right. The Imperial Constitution of 1824, only determined the education as instruction and guarantee only primary education to the citizens of gratuitous form. In such a way art. 179 left implicit the participation of the State, as maintainer of the gratuitous education to the citizens. What in fact it finished not happening, for the lack of Institutions of Education as well as for the lack of pedagogical structure. It is important to detach that the citizens above cited are about a restricted layer of the society. But ahead, the Constitution of 1891 did not establish no Heading, Chapter the education, only inserted Section II, referring the Bill of rights.