The education is defined by the Political Constitution like right and public service with function social. As well, to obtain this assignment has been defined it like public policy, that is to say, of maximum interest for the State. However, shaped in norm and the programs does not correspond with the reality. Still there are activities of the administration that harm the right to the education by deficiencies in the benefit of the educative public service. Of there the legitimate interest that has the collectivity to demand of the administration, by means of the public interest actions, which the benefit of the public service of the education in the best possible conditions is guaranteed. The education like public service is a collective right, and the community can demand that its benefit is guaranteed suitably, because insofar as are more educated people good, it results to the benefit of the society and of the State.
