The United Nations Educational, Scientific and Cultural Organization - Unesco, revealed that the pandemic caused by COVID-19 affected more than 90% of the world's students due to the temporary closure of schools (Unesco, 2020). The Federal Constitution of 1988 guarantees the right of all to quality education and recognizes it as a subjective public right, as established by articles 205, 206 and its items VI and VII, both of CF / 88 (Brazil, 1988). The present article, of a documental theoretical nature, presents a qualitative approach and uses the Gramscian theory (Gramsci, 1982) to analyze the democratic educational management, as well as the quality standard of education (Cabral, 2008), which made it possible to verify the influence of capitalist ideology in the Brazilian educational process. Due to the citizens' lack of knowledge about the judicial system (Sadek, 2010) this study aims to discuss the right to education and present the judicialization of that right as a tool of democratic management (Ferreira, 2008) considering the historical context that comprises the decade of 1980 to 2020, in which the guarantee of this right has been increasingly undermined due to the crisis caused by the pandemic of COVID-19.