This paper discusses the concepts of "constitutional principle" and "public education" regarding public educational policies in Brazil. It clarifies the meaning of "public education" as stated in the basic regulation of Brazilian educational public policy - LDB - Lei de Diretrizes e Bases. The paper shows that there is a contradiction in the Brazilian public universities. Some of the courses provided in the area of Education are being paid for by the students. This has been made possible through institutional associations with the universities' foundations. This private policy has been implemented by the same officials and professors, who are, allegedly, defendants of the constitutional principle of public education. These servants had indeed manifested in the past their opinion against the charging of students enrolled in public universities.
Educational policy; Free public education; Legislation law