The study discusses the right to education from the perspective of distributive justice advocated by John Rawls (2017), who articulates the equality of opportunities the principle of difference in order to enable the individual to ascend to various functions in society. It analyzes the conception of education and social justice that underlies the Brazilian educational policy that deals with the new High School, focusing on Law no. 13.415/2017, approved during the management of former president Michel Temer (2016-2018), regarding his universalization and purpose. The review of the literature showed that the reform of secondary education in Brazil, although based on the principle of equality as a social right, reveals a utilitarian vision of human formation and legalizes the existence of different educational purposes to serve the interests of capital, thus not constituting itself as distributive and equitable, but as reproducing social inequality as part of the project of maintaining the status quo.