Uma avaliação política da política de avaliação da educação superior brasileira

We had as the problem of analysis in this research: what are the assumptions, principles and general content that based the Sistema Nacional de Avaliação da Educação Superior (SINAES). We started from the hypothesis that the general content of SINAES is essentially based on the assumptions and principles of a control/regulatory perspective of evaluation and a summative epistemology, objectivist and quantitativist, constituted by members who prioritize testing and classification of courses and institutions based on market values. The overall goal was to make a political evaluation of SINAES and the specific objectives were: a) apply the concepts of politics evaluation and meta-evaluation, b) identify the role of international organizations in education reform in the 1990s and its impact on superior education in Brazil c) redeem the concept of evaluation, especially in the field of studies in education; and d) investigate the evaluation policies of Brazilian superior education leading to SINAES. As for the technical procedures for collecting and analyzing data, the research was made with bibliography and documents, considering that it was developed by bibliographic sources and official publications. It was developed by crossing sources: texts or documents remitted to others; it was also concentrated: on the role of international organizations in educational and State reforms (in the 1990s); on the policies of evaluation of the Brazilian superior education (1980s and 1990s); on the proposal of the Comissão Especial de Avaliação (CEA); on the Law No. 10.861/2004; on the documents of CONAES; on the Decree No. 5.773/2006, and the MEC Regulatory Ordinances No. 4/2008 and No. 12/2008. It did not stop in the so called purely technical aspects, but in the ideological field itself. The research found that international organizations, notably the World Bank, played a political, intellectual and financial role determinant to the field of education, a fact that reflects in the legal framework. It was also found that the politics of evaluation of the superior education is historically marked by conflict, represented by two distinct perspectives of different natures and emphases. On one hand, the focus is on control / regulation, favoring efficiency, productivity and competitiveness benchmarking and prioritizing the punctual performance and measurement. On the other, it seeks to transform academic perspective in primarily formative / emancipatory, in order to support more institutional improvement. It was concluded that the CEA presented a conception evaluation predominantly formative and emancipatory, which emphasized the idea of system, centered around the institution and repudiated the rankings practices. In the post-formulation period, however, some of its principles were fragmenting and, gradually, the institution was giving way to the courses and the Exame Nacional de Desempenho de Estudantes (ENADE) grew in prominence. With the creation of the Conceito Preliminar de Cursos superiores (CPC) and of the Índice Geral de Cursos da Instituição de Educação Superior (IGC), it was redemeed the practice of evaluation as measurement and control, under the principles of efficiency and productivity. So, SINAES that seemed like a progressive evaluation method has assumed a setting that close resembles the Exame Nacional de Cursos (ENC-Provão). Nevertheless, the survival of institutional formative evaluation, in the superior education evaluation policies, still an issue in dispute

O Insituto do Amicus Curiae no controle de consitucionalide brasileiro: uma abordagem à luz da efetividade do princípio do acesso à justiça

It presents a study about the control of constitutionality, its requirements and beddings. It brings, at first, notions about the concept of constitution, in its most varied aspects, as well as the systems of Control of Constitutionality. It emphasizes, considering the actual Brazilian situation, which passes through constitutional reforms and, therefore, assenting the appearance of an enormous amount of ordinary laws, the legal instability that has formed itself within the national panoram. Because of this situation, the institute of the Control of Constitutionality gains inmportancy as a way of protection of our Great Letter, against possible violations which can unfortunately happen. More ahead in the difuse control of constitutionality argues the new trend of generalization, especially after the recent reform that introduced the general repercussion as new requirement of admissibilidade of the appeal to the Brazilian Supreme Court. In the final chapter brings an analysis on the institute of amicus curiae, arguing its historical origins and its evolution, in the comparative jurisprudence, and the Brazilian right. From then is gone deep the paper of amicus curiae in the constitutionality control and, after quarrel on the difficulties of the Brazilian population to materialize its right before the judiciary, as this new institute could contribute in basic way for the materialization of the constitutional rule of access to justice

DEVIDO PROCESSO LEGAL E PROCESSO ADMINISTRATIVO SANCIONADOR NAS AGÊNCIAS REGULADORAS

This paper discusses the growing attention that, over the last decades, has been given to the administrative procedure in Administrative Law, as it also highlights the procedures which are in tune with the new trappings of this legal field. It focuses on the sanctioning competence of regulatory agencies, notably what concerns the procedural guide that conditions its exercise. It aims at gathering varied elements, many times dispersed over the legal system, so it is possible to list, with a satisfactory degree of detail, the procedural constitutional guidelines which are indispensable to the sanctioning of private entities through punitive action by regulatory agencies. It highlights the due legal process clause, for the abundance of the protective set there is around it, as a guiding constitutional principle for the application of sanctions by regulatory agencies. It examines the repercussion of the constitutional principle of the due legal process on Administrative Law, focusing on the most relevant principles on which the first unfolds itself. It analyzes, in light of the due legal process principle, the sanctioning administrative procedure developed in regulatory agencies. In conclusion, it is asserted that there is no room, in the Brazilian legal system as a whole, for sanctions to be applied summarily; that there reigns, in our system, an absolute presumption, dictated by the Constitution, that only through regular procedures can the best and fairest decision, concerning cases in which the rights of private parties could be affected, be taken by the public administration; that, respecting the principle of the right to a fair hearing, it is indispensable that there be motivation of a decision that imposes a sanction; that there should be, in homage to the principle of full defense and for the need to preserve the autonomy of the regulatory party, an appeal court in every agency; that the principles listed in the federal law No. 9.784/1999 should be mandatorily monitored by the agencies, for this is the only alternative consistent with the Constitution

A Constituição Federal de 1988 e a integração regional : o desafio da harmonização tributária

As an effect of the growing interdependence in international relations, regional integration was conceived to face globalization, with a remarkable influence in politics and law, since the first steps of the European experience. In Latin America, regional integration ideas have blossomed in the 60 s. Among its experiences, MERCOSUL is the one with the most advanced objectives. However, MERCOSUL has not managed to achieve the objectives planned nor moved forward the integration process. Differently of what happened in Europe, in MERCOSUL the common market projected is concluded. It faced many disappointments throughout its brief history. As it matters to law, those were caused by the absence of supranationality, a mechanism that would allow MERCOSUL s decisions to be directly binding in the States with no need of bureaucratic proceedings to incorporate them to national legal systems. Among Latin American States, Brazil is probably the most resistant to integration process, due to Federal Constitution 1988 rigidity and legal professionals conservadorism towards opening legal system to international law. In Brazil hermeneutical standards are always based on national sovereignty and international law is referred as less important. The problems become more visible relating to taxation, a subject that plays an enormous role in integration process for its economic impact, demanding the execution of tax harmonization policies compatible to the integration levels aspired. However, because of the large number of tax rules in the Federal Constitution, structural changes initiatives face difficulties in order to be implemented. Actually, after two Constitutional Reforms on taxation, Brazil has not yet succeeded on promoting the necessary adaptations to regional integration. The research has confirmed the hypothesis that supranationality has indispensably to be adopted if Brazil really desires to move forward the integration process. But it has also been demonstrated that there are hermeneutical paths suitable to the constitutional profile which allow the adoption of supranationality, through the revision of the sovereignty traditional concept