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In this article we seek to elucidate how Youth and Adult Education (EJA) is conceived and materialized based on the most fundamental legal framework in the Rule of Law, which is its Constitution. The methodology of analysis and understanding of the Brazilian Federal Constitutions and the official documents that derive from them was adopted, from a qualitative perspective in a cautious process of selection, collection, analysis and interpretation of data. For a greater understanding of the research, Haddad's theoretical assumptions were used; Dipierro (2000), Nagle (2001), Paiva (2021), Strelhow (2012), Beluzo (2015), among others. The research results reveal that, despite Brazil having seven constitutions in its republican history, the basic and subjective right to Education for young people, adults and the elderly in Brazil does not appear as a priority in the historical panorama, either in legal documents or in norms or public policies. They also point out that, even when there are laws that ensure it, the materialization of the right to EJA is far from ideal.