This qualitative research aimed at investigating what elementary school teachers think about the human right to education nowadays. This work brings a historical analysis of the right to education in the Human Rights international laws and treaties. As for the Brazilian context, this research brings the right to education and its evolution in our Brazilian Constitutions and laws post Federal Constitution of 1988. We also make some considerations on current themes such as justiciability, homeschooling, educational quality and its relation to the large-scale evaluations. As our methodological choice for the empirical work, we chose to perform twelve semi- structured interviews with teachers from elementary schools. As one of the results, we concluded that there are still some gaps concerning the content for this right among the teachers interviewed. The majority of the teachers placed the State not the teachers, as the first actor with the role to guarantee this right to children. On the other hand, the teachers interviewed expressed their concern about guaranteeing educational quality. They also expressed their opinions about the large-scale evaluation policy and about the policythathas been implemented by the city government. As a final result, this research alerts about the danger to make connections between justiciability and quality / large-scale evaluations in the current context.