Finally, to understand that the right to the education is a conquest of the humanity who does not have to be only in the paper. The education as one of them pillars of the necessary democracy to be of quality for all since the basic education, this is the condition for Brazil democratic. 2 the RIGHT TO LEARN the right to the education while right basic human being has been subject in elapsing of history, for innumerable documents, movements and campaigns of affirmation and legitimation of the rights of the person human being. We appeal the Bobbio (1992) to better analyze the rights of the man in its historical context, to understand as the right to the education occurred and as this right even occurred in the reality of the Brazilian educational system in the current days. For the author, they can be pointed at least three stages in the historicidade of the rights of the man. The first known moment as Right of Nature was seen as natural laws and had been born with the workmanships of the philosophers inspired for the modern jusnaturalismo that incited as a basic right, together with the life and the freedom. This the elaborated philosophical doctrine in centuries XVII and XVIII, whose father was John Locke. From the Bills of rights of the State American North and the French Revolution, the affirmation of right passes if to constitute a starting point for an authentic system of positive laws or effective.
As the moment is of the ticket of the theory to the practical one, of the right thought for the materialize right, losing then its universality. They start to be trustworth positive laws and they are not right of the man and yes of the citizens, recognized for the States in particular and firmed in the Constitutions. The third stage has beginning with the Universal Declaration of the Human Rights of 1948 in which the affirmation of the rights is at the same time universal and positive.