Social fundamental right to higher quality education: Life project and existential damage possibility

Abstract

This essay concerns to social fundamental right to education and it focuses the commitment on the provision of educational service of “higher quality”. The main research issue is the problem of causing serious damage, identified in law study cases as “existential damage”, due to the lack of places in school, colleges or even faculties, added to precarious quality education provided to students, As a technic, bibliographic research was used in addition to deductive method of investigation, by analytical-interpretative bias. The general goal is to identify the presence of elements of existential damage in the hypothesis of precarious teaching supply, departing from the intermediate goals or steps as to conceptualize so called “education of higher quality”; identify the effects or consequences of a deficient education and, lastly, outline the factual guidelines of existential damage as a law category, able to generate any kind of reparation. To this end, this study was divided in three parts structure: first, the one which seeks to conceptualize and outline the need of a higher quality education; then, identify the possible harmful effects of precarious education provision; and, for the last, face the possibility of existential damage framing, by deficient educational service support.