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With regard to education as a fundamental social right, revealing itself to be right essential to the reduction of social and instrument necessary for the full exercise of citizenship inequalities arises the need for the state to adopt and implement public policies to their adequate supply, quality and for all. In this context, it appears that for many situations the student is away from school children, is due to hospitalization or illness that prevents you from attending the regular education at school, which is why the national scene called 'hospital-based education' appears, currently provided through several resolutions and ordinances of the Ministry of Education, however, still unknown to educators, the population and even the bodies responsible for monitoring public policies, presenting numerous shortcomings and problems that must be addressed for the provision of effective service and quality. Important to keep in mind that the hospital education is revealed, in fact, like a real encouragement to children and youths, allowing them to continue to hope for a life project, being necessary to the effective respect by teachers and educators hospital that can not into second the education process, failing to further exclude the special student. On this track, highlight the prosecutor as an essential institution to whom the Constitution relegates the noble task of defending the inalienable social and individual interests, like body with effective tools for collection of public policies for education, in particular the special hospital. [ABSTRACT FROM AUTHOR]