The main objective is to understand the public policies that rule the educational system of Spain and Chile through a comparative analysis of two political systems that arise in similar contexts, post authoritarian governments. Spain agreed on a Constitution in 1978, whose conceptual centrality is a Social Rule of Law; and in Chile, in 1980, a Constitution was established, whose centrality is a liberal and regulatory market State, leaving educational actors the freedom to build a system whose main characteristic is the competition between educational institutions. Both educational models are analyzed in sociological terms from a legal, political and educational perspective, in a globalized geopolitical framework on a global scale.