OBJETIVO DE DESENVOLVIMENTO SUSTENTÁVEL 4 E O PRINCÍPIO DA PROIBIÇÃO DO RETROCESSO SOCIAL: DIREITO AO ACESSO À EDUCAÇÃO UNIVERSAL E DE QUALIDADE

This research analyzes the relationship between Sustainable Development Goal 4 (SDG 4), which seeks to ensure inclusive, equitable, and quality education, and the principle of the prohibition of social retrogression, focusing on the guarantee of the fundamental right to universal access to education. A qualitative, exploratory, and bibliographic approach is adopted, with emphasis on constitutional doctrine, aiming to critically reflect on the limits and possibilities of state action in protecting the essential core of this right. The general objective is to understand how the principle of non-retrogression can be used as an instrument for protecting SDG 4, especially regarding the effectiveness of public educational policies. Specifically, the research aims to: examine the normative evolution of fundamental rights under the paradigm of neoconstitutionalism; define the legal content of the essential core of the right to education; and discuss the foundations and applicability of the non-retrogression principle as a barrier to the suppression of consolidated educational rights. Initially, the study explores the rise of neoconstitutionalism and its relevance to the realization of positive rights. It then systematizes SDG 4 and its incorporation into the Brazilian legal system, emphasizing the state’s duty to adopt continuous and progressive educational policies. Finally, it analyzes how the principle of non-retrogression applies to legislative and administrative decisions that compromise access to quality education. It concludes that this principle functions as a safeguard against the discontinuity of public policies, serving as an important mechanism for protecting the right to education and for fulfilling Brazil’s commitments under the UN 2030 Agenda.