This paper aims to contribute to the discussions regarding the impacts privatisation process brings to the accomplishment of the right to education, taking the Brazilian reality as a reference.

The paper draws up a brief characterisation of the education provision in Brazil, in order to define the situation of educational services and the presence of private sector in the coverage of basic (early years, elementary and secondary education) and higher education schools. Next, it points out the main areas of privatisation of education in Brazil. At the end, it lists, from the analysis of the national context and researches conducted on this topic, the main tension points between the increasing privatisation process and the enjoyment of the human right to education, with reference to the contents of this right in the terms it was established in the General Comment 13.