This study aimed to evidence, through an historical context, the numerous changes brought in public policies, and particularly in educational policy after the advent of the 1988 Constitution. These changes were primarily motivated by the ‘new federalism’ proposed therein and that placed municipalities at a federal entity status, as well as the decentralization process, represented by the decentralization of social policies. The process of decentralization occurred in response to the cry of Brazilian society in the 1980s for the democratization of social policies, greater involvement of civil society and the efficiency of public administration. We will use as a ‘background’ for our reflection, the Federal Constitution of 1988 and the institution of the Federative System of Brazil, which brought great innovations, however, many challenges to the implementation and enforcement of social and educational policies.