The purpose of this article is to explore the importance of the school management in the education system in the aftermath of the enactment of the Brazilian Constitution in 1988, as well as the Basic Guidelines of Educational Policies Act¹, in 1996. It seeks, through documentary analysis, to interpretative those legal documents and offers an inductive model of school management through the Municipality.

Keywords: school management, educational policies, federal constitution

CF/88, constitution of Brazilian federal republic/1988; IDEB, basic education development index; LDB, basic guidelines of educational policies act

The administrator's purview in charge of a educational institution, and, specifically, in the case of the school manager, has been a debatable subject in research in the area of education, since the concern with the quality of education is directly linked to certain experiences of failures in the school environment, some of them related to lack of planning and organizational atmosphere, in the Brazilian context.

When the analysis of the research carried out in Brazilian universities, about the causes of the good results in institutions that previously had lower than average results of IDEB (Basic Education Development Index), there was a comprehension that the competence of the administrator to run an educational institution is, if not the most important, one of the main factors that influence successful practices and, consequently, in the learning process of the students, since it is often through the competent professional action of the manager, by careful planning, creating favorable organizational atmosphere, bringing into the institution the participation of families and the public authorities in the contents that the weaknesses of the teaching unit and care in dealing with people will be effectively attacked, and the results appear.

The Federal Constitution commands all the brazilian juridical order, by virtue of the principle of constitutional supremacy and also considering all standardization involving the brazilian educational system, will make of this text a reflection under the constitutional prism to assist in the implementation of the education as a social right demandable by a citizen and being a State duty.

For data collection, document analysis of considerable existing researches collection on good practice, preferably, those in public institutions of primary education that grew up in its main features was made. In this survey it was included public information to which the research is intended, which factors are evaluated, the duration of the survey, methodology used, where (authors and/or institution) was held and what prompted the search.

A detailed data collection was made in Brazilian universities about good management practices that have changed for the better the results of public schools, the way they were implemented and the effects caused, as well as the time it took to obtain the results. To do this, firstly a bibliographical survey of abstracts of dissertations that revolve around the theme "school management" was made. From the topics that appeared in abstracts it was possible to gather theoretical information to furthermore have a deeper critical-reflexive discussion of theory.

Since the enactment of the Federal Constitution/1988, in the brazilian legal system, the education rose up as a constitutional fundamental right (a constitutional immutable clause) due to its relevance within the intention of develop the common good to achieve the goal of having a more just society. To begin with, and to emphasize this importance, there is the article 24, VII of the Constitution, laying down the cases in which there may be permission of Union intervention in the States and the Federal District, which is an exception to the established order. However, the mentioned article allows the Union to intervene in one of these federative entities, in the case of a failure to comply with the minimum investment revenue on education.

In article 35 and its line III, there is the provision of the Member State intervenes in the municipalities and the Union in municipalities located in Federal territory if there is noncompliance with regard to the minimum of public treasury invested in education. In this case, article. 212 of CF/88, defines as annual application, never less than 18% (18%) for the Union. And for the States, Municipalities and the Federal District, never less than 25% (25%) of the resulting tax revenue. It is necessary to register that in the field of education, with the advent of Cf/88, a commitment was made by the State to public education, in particular with regard to its funding.

The Federal Constitution of 1988 established that education is a social right and defined that the leaders responsible are the State and the family. To safeguard the right to education, the State established the structure and sources of funding. To determine the binding financial resources to education, the Constitution guaranteed minimum percentages of revenue arising from tax to the maintenance and development of education: 18% of the Union's revenue and 25% of the revenue of the States, Federal District and municipalities, including shipments that occurred between spheres of Government and the education salary.

The concept expressed in the Federal Constitution asserts, therefore, that adequate funding of the educational policy translates into a foundation for the construction of the national system of education articulated and, therefore, to the achievement of the goals contained in national plans such as the National Education Plan (PNE). However, equitable and universal access to basic education and a substantial elevation of students enrolled in public higher education, there is an urgent need to increase the amount of resources invested in the State area, in addition to solving the regional imbalance. (Reference document – CONAE2010 – V – Funding AXIS of education and Social control)

(http://portal.mec.gov.br/arquivos/pdf/conae/documento_referencia.pdf)-14.05.2016 access.

The classification of education as a Social right is included in article 6 of the Federal Constitution/1988, in verbis: "art. 6°. Are social rights to education, health, work, housing, leisure, security, social security, maternity and childhood protection, assistance to destitute, in the form of this Constitution ".

The legislature has assigned such importance to education, that in art. 7°, IV, CF/88, to explain the purpose of the minimum wage is among the basic needs of the worker to be supplied for this, education, i.e. education listed as minimum requirement to be guaranteed by the State to any citizen Brazilian.

Tavares¹ understand social rights as "rights that require of the Public Authorities a positive performance, an active form of State in the implementation of social equality of hipossuficientes. They are, for this very reason, also known as the provision rights, or rights features" (roughly translated).

Whereas Social Rights are positive freedoms Silva,² believes that social rights, are positive benefits offered by the State, directly or indirectly, referred to in constitutional rules, which allow better living conditions to the weakest, which tend to perform the Equalization of social situations. Are, therefore, rights which attach to the right to equality.²

It can be said that education is a human right in the broad sense of the term. In a narrower sense it is a public good and both in one case as in the other must have the guardianship of the State, which is obliged to sponsor and ensure this right to all Brazilians.

In a demonstration of concern with State responsibility, the Federal Constitution/1988 presents in your chapter III, section I, the entire constitutional subsystem of education, that discipline educational principles and precepts.

The art. 205, CF/88 provides that: "education, all right and duty of the State and of the family, will be promoted and encouraged with the collaboration of the society, aimed at the full development of the person, your preparation for the exercise of citizenship and your qualifications for the work " (roughly translated). This constitutional article makes it clear that education is a State duty, but also places the family as equally responsible, as it prescribes that it is a "duty of the State and of the family" and complements indicating that there should be collaboration of the society. Means to say that, with regard to education the family splits the responsibility to the State and society must participate to provide the development of the human person.

In art. 205, the word "education" was used in the sense of "education" that is educated, as formal, regular process or school, worth strengthening. Three reasons justify the option of constituent: 1st) officially the school as the main institution of the teaching-learning process; 2nd) the democratic regime requires greater preparation and professional training, hence the importance of the unsown services provided by the school; 3) informal education is intangible, not always reaching the same results of regular education.³

Education cannot be mistaken as a providing service and according to Hartill⁴ education is a universal right and not a service. The education search is of quality, enables inclusion allows the full development of the potential of each person, builds respect for difference, promotes fairness and peace" (roughly translated). In this sense we have blood cells (2008, p.1363) who claims to be the "education the way for man to evolve. It is therefore a public law, subjective, and, on the other hand, a duty of the State and of the family group “(roughly translated).

Likewise the article 206 of CF/88 describes what can be craved as a model of teaching to be applied. It states that the teaching will be conducted based on the following principles:

1. Equal conditions for access and permanence in school;
2. Freedom to learn, teach, research and disseminates the thought, art and knowledge;
3. Pluralism of ideas and pedagogical conceptions and coexistence of public and private educational institutions;
4. Free public education in official establishments;
5. Recovery of school education professionals, guaranteed, in accordance with the law, career plans, with ticket exclusively for public tender and titles, to public networks;
6. Democratic management of public education, in the form of the law;
7. Guarantee of quality standard;
8. National Professional salary floor for professionals in the public school education, under federal law. (roughly translated).

Teaching in the light of art. 206's method of transmitting knowledge and training of the individual through education educated³ the concept of education involves all the influences that the individual receives in your life, in different institutions and varied circumstances. In these terms, all teaching is education, but education is teaching or school education.⁵

In art. 210 the precept must be parsed and evaluated through the Basic Guidelines of Educational Policies Act for national education, that we do it below.

The LDB can be considered the Constitution of education, such your importance and comprehensiveness regarding the formation of the human being to life in society and have your base in art. 210 of CF/88 which brings the following wording: art. 210. "Minimum content shall be fixed to the elementary school, in order to ensure a common basic education and respect for cultural and artistic values, regional and national".

The mentioned Act, with regard to the curriculum, in your article 26 considers a common national base, but that can be complemented by a party who understands to be necessary because of the peculiarities and as regional characteristics.

Thus, from the interpretation of article 26 there was opening for a softening of the curricula, because if you admit the incorporation of disciplines that consider the context and the clientele.

To clarify priorities, select, structure and organize the curriculum need to know well all the influences that are present in this process-not only what has been commented on teachers' choices, suggestions and criticisms in the media communication, the local peculiarities, the characteristics and learning needs of the students. Also, need to be considered with careful analysis, school traditions, the different trends of the pedagogic thinking which directs the focus of the teaching and learning process, and national guidelines common to all schools in the country, to be situated in that context the limits of performance in school. (SAMPAIO and GALLIAN, 2013, p. 185 - roughly translated).

Concerning the curricular structure, in a research on successful schools,⁶ points out that the curriculum must have adequate selection and organization of content, development of academic learning and organization the learning and the climate for the study. It also indicates the need to follow up with students with learning difficulties.

The curriculum should be organized in such a manner as to express in the students learning the culture that surrounds the institution, but also this Organization should assist directly in the formation of the individual with a new worldview in your transformation through the knowledge. The process of elaboration of the curriculum begins a pedagogical proposal and involves social and cultural relations, as well as of political nature, with the participation of civil society and of educators.

Whereas this work back to the school management cannot help mentioning the art. 206 of CF/88 where they are established the principles upon which education should be provided, in particular the so-called "democratic management" in public education.

First, however, to talk about democratic management, address and incorporate the main theme is the democratization of education whose concept is broader than simply the creation of advice and participation in decisions.

These findings contribute to the understanding of the democratization of education not only gives the guarantee of access, requiring your offer with social quality, to optimize the permanence of students and thereby contribute to the improvement of formative processes and citizen participation.⁷

Democratizing, as well as expand the school attendance, participate actively in the entire process, to give transparency to the processes, have autonomy to oversee, monitor and influence decisions. Democracy is more than just the access and expansion of school attendance, time more than facilitate the access you have to take care of the permanence of that student in the system and at the same time that it has a quality education.⁸

From these premises, or so that we have the basic conditions listed above the path passes by the school management, passes obligatorily through the action of the manager that will give the school the profile he desires.

The lack of Government planning and school management engenders the search for results by opinion setting aside the concepts necessary for the implementation of any project.

When there is no concern about the long-term planning, since there is always desire for the immediate result, even if does not grant to the interested the ideal conditions of effectiveness, it is like applying to the achievement of the project the system of trial and error.

Each school is a world apart. As a result, each must have a specific treatment for their specific problems and trust your administration to its managers.

Each school has its peculiarities and you might say your own universe. Is the skilled management who will cause the transformation of the internal and external environment making it the positives?

It is the management who will transform the behavior of policy, academic and administrative teams, making them collaborative teams, participants of each process and with interest in satisfactory results. Regardless of any political bias treat management as being responsible for the results of your school unit.

The Manager's role should be to identify shortcomings, to add people and teams, produce a favorable domestic environment, and manage correctly the resources and dialogue with the community seeking the participation of this in your school unit targets.

The school manager and your team should leave aside the practice of replacing the own actions and understand them, leaving for the city, the Member State and the Union abstract actions and programs. And between schools, which is applied by observation of the experience of other schools, by smart it should be, the use of best practices, not uniform, homogeneous, standardized, but adapted to the real needs of that school community, in that municipality in particular, since the school manager committed to have the school which he claims to have no political or partisan political interference with other interests.

None.

Author declares that there is no conflict of interest.

1. Tavares, André Ramos. Course Of Constitutional Law. 10th Ed. Rev E Current. São Paulo: Saraiva. 2012;837.
2. Silva, José Afonso da. Course of positive constitutional law. 32nd ed. Rev E current. São Paulo: Malheiros Editores. 2009;286–287.
3. BULOS, Wadi Lammêgo. Federal Constitution Annotated. 8ª Ed. Rev And Current. Until Constitutional Amendment.São Paulo: Saraiva. 2007-2008;(56).
4. Hartill, Richard. The financing of education in Latin America. In: National Campaign for the Right to Education. Education in Latin America: right at risk. São Paulo: Cortez; 2006: 56.
5. Moreira R. A structure didactics of education basic. In: Meneses, João Gualberto de Carvalho, et al. Structure and functioning of education basic: readings. São Paulo: Pioneira. 1998;156.
6. Libaneo, José Carlos. The practices of organization and management of the school and the learning of teachers and students. Gift! Revista de Educação, CEAP, Salvador BA. 2009.
7. Dourado, Luiz Fernandes. Policies and Management of Basic Education in Brazil: Limits And Perspectives. Educação & Sociedade. 2007;28(100):921‒946.
8. Marin AJ. (ORG.) Schools, Organizations and Teaching. 1ª Ed. SP: Junqueira & Marin; 2013:185.