UMA ANÁLISE ECONÔMICA DA TUTELA AO DIREITO CONSTITUCIONAL À EDUCAÇÃO NO ARTIGO 6o DA LEI FEDERAL 9.870/99, A PARTIR DO PRINC´IPIO DA LIVRE INICIATIVA/ AN ECONOMIC ANALYSIS OF THE PROTECTION OF THE CONSTITUTIONAL RIGHT TO EDUCATION IN ARTICLE 6 OF FEDERAL LAW 9870/99, PRESUMING CONFORMITY WITH THE PRINCIPLE OF FREE ENTERPRISE/ UMA ANÁLISE ECONÔMICA DA TUTELA AO DIREITO CONSTITUCIONAL À EDUCAÇÃO NO ARTIGO 6o DA LEI FEDERAL 9.870/99, A PARTIR DO PRINCÍPIO DA LIVRE INICIATIVA

The constitutional text of 1988 clearly brought the protection of the right to education as a fundamental right included in the broad range of social rights there protected. Thus, aiming to achieve the goal of promoting development, the text regulated the economic order in a specific session and boldly protected the private property and the free enterprise. Although the educational service has been authorized by the government to the private initiative, with notorious autonomy, being the State in charge only of supervising the adequacy of the service to the principles and bases of national education (Federal Law 9394/96), the interference of the government in the free initiative of private educational institutions has increased in face of legislations such as the Federal Law 9870/99. This article analyzes how such law, despite having been declared constitutional, goes against the constitutional principle of free initiative, inasmuch as it interferes in the administrative and financial autonomy of private educational institutions, under the justification of guarantee of the right to education by way of the reverse transfer of this obligation to the private initiative.