2021-09-102021-09-102021-09-102021-05-12https://ri.ucsal.br/handle/prefix/4573This academic paper aims to analyze the decisions that authorize - or not - the incarcerated person to enter higher education, observing the resocializer character of the penalty, sculpted by the Penal Execution Law, and the Right to Education as a fundamental right. Our effort is that lack of access to higher education are related to other lack, that is a clear legislative provision delimiting this issue, leading each Judge to determine access according to their interpretation. This paper discuss the risk that higher education accessibility policies will be unsuccessful, given the need for express authorization from the judicial authority. It is argued that this situation has an impact on educational levels existing within the Brazilian prisons, interfering with rights enforcement during sentence serving, and also with prisoners’ social rights, which shouldn’t beseverelyrestricted just because of criminal conviction. For this analysis, a bibliographic review will be carried out, with inspection of public documents and emphasis on existing decisions and judgments on the theme, in addition to data on education and prison system, published by official agencies (MEC, Inep, Infopen and SEAPs).Acesso AbertoEnsino superiorCárcereExecução penalAcesso a direitosInefetividade de direitosSuperior educationPrisonCriminal executionRights enforcementRight’s infectivityTrabalho de Conclusão de CursoCiências Sociais AplicadasDireito