Os conflitos de competência normativa do estado regulador brasileiro no setor administrado pela ANP

The dissertation has by objective describe the administrative activity of regulation exercised by independent regulatory agencies, observing that this activity was already done before this structures creation, however, after a really deep administrative reform that had as objective built a Public Administration with more efficiency, it passed to be done with some own peculiarities of these new structures of regulation. The work gave especial attention to what concern the conflicts of normative competency that really often happen between ANP (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis) and the legislatives organs of the Republic Federative of Brazil, because energetic area has unbelievable mater to any country, and the fact of some juridical norm be against the law and be accepted is very dangerous, it affronts the constitutional principle of the legality e may put in risk the democratic Estate of law, them, regulatory dogmatic must be scientifically knows, and developed, thought and especially there are so many doctrinaires divergences about regulation constitutionality. As a theorist point, the investigation got the Logical nocontradiction principle, according Hans Kelsen and Lourival Vilanova thought, doing a philosophical reflection about the system of positive law, in which there are many antinomies, or conflicts of norms, what include the conflicts of the administrative acts expedited by ANP and the legislation of the brazilian regulatory Estate. For a better understanding and exemplify some perplexities treated by the doctrinaire angle, this work did a lucubration about a possibility of a normative conflict between a ANP resolution and the municipal legislation in a specific case, also, brought several jurisprudences for the brazilians courts of justice, that confirm the empiric existence of normative conflicts among ANP s administrative norms and federal legislation. Finally, concludes observing that the regulation is not a legislative competency delegation to regulatory agencies, is just a new exercise of the administrative function, it is a technical specialization of the public administration, that using this know-how can acting with more efficiency, however the normative power of regulatory agencies must respect the empire of law, so in this terms, the dissertation suggests the ponderation of the constitutionals principles of efficiency and legality how form to harmonizing the democratic legitimate inherent to legal norm supremacy, with the perspective of an efficient economic and institutional development

O princípio da vedação ao retrocesso social e o papel dos poderes públicos na efetivação dos direitos fundamentais sociais

The purpose of this dissertation is to analyze the role of Public Powers in the enforcement of fundamental social rights, according to the principle of prohibition to social regression. The Federal Constitution of Brazil, situated in a position normative hierarchical superior, disciplines the legal and political process of the country, determining how Public Powers (Legislative, Executive and Judiciary) should act to enforce fundamental rights (social). Thus, features a cast of fundamental rights that aim to ensure social justice, highlighting the concern to ensure social values aimed at reducing social inequalities. The will of the state should be prevented by controlling the constitutionality of measures which restrict fundamental social rights, assuming the principle of human dignity, pillar of Social and Democratic State of Right, a dual role in the brazilian legal system, acting as the presupposition of jurisdictional control of the constitutionality of restrictive acts and as supervisory of omission or insufficient action of the State in the fulfillment of their fundamental duties. The constitutional determinations remove from the legislator the option to create or not the law that prints effectiveness to the social rights, as well as from the Executive the option of to execute or not rules directed at realization of the constitutional parameters, and Judiciary to behave or not in accordance with the Constitution, being given to the Powers only the arbitrariness of "how" to do, so that all functions performed by public actors to use the Constitution as a repository of the foundational values of the collectivity. Any situation that does not conform the principle of proportionality in relation to the enforcement of fundamental rights, especially the social, represents an unacceptable social regression unconstitutional. The constitutional rules and principles postulated by the realization of the rights, freedoms and guarantees of the human person, acting the principle of prohibition to social regression to regulate a concrete situation, whenever it is intended to change, reducing or deleting, the content of a social right. This paper of limit of state action serves to provide to the society legal security and protection of trust, ensuring the core of every social right. This should be effected to be sheltered the existential minimum, as a guarantee of the inviolability of human life, respecting the constitutional will, not falling into social regression

A Competência normativa das agências reguladoras e seus limites principiológicos no direito brasileiro

The transition of the liberal state to welfare state, globalization and the crisis of funding from the government spending on the multiple roles demanded an overhaul of the means of intervention in the economic domain and structure organizational of the Public Administration by enhancing the performance of regulatory functions. Therefore appear in Brazilian law independent regulatory agencies with legal administrative particular that gives autonomy increased, with fixed terms and stability of its leaders, police and competencies, normative and administrative judges. In this scenario, given the autonomy granted by the laws of the creation of regulatory agencies, the legislative competence becomes the most contentious issue, as not infrequently is innovation in the legal system. The main foundations of innovative extension producible by regulatory agencies, which diverges doctrine, are the constitutional attribution of own competence of the Public Administration and the discretionary power. Thus, it is necessary to delimit the constitutional and legal foundations of special legislative powers of these autarchies in our legal system, seeking ways to limit and control the production rules of those entities, for the purpose of position them before the powers constitutionally constituted. We note that with the constitutionalisation of administrative law regulatory agencies found limits to its performance in the normative constitutional principles, especially through the principles of efficiency, morality and proportionality, which has enabled a more effective control of their normative acts

Nacionalização do trabalho e constituição: análise das regras de nacionalização do trabalho à luz do princípio da isonomia

There is a clear relationship between citizenship and labor market. While foreign nationals are equal in dignity and rights in the laws governing the employment of this labor force. Motivated by reasons of state security or political direction, such laws to a greater or lesser degree, create establish a system of worker protection in the face of the foreign national. These rules have a direct impact on economic regulation, as they can affect the supply of skilled labor or not, articulating with the economic order envisaged by the 1988 Constitution. The Constitution adopts several principles in its economic order, so that the issues involving the rules of the nationalization of all work must be considered in a systematic way, one can not choose a pleasure interpreter. The nationalization of the work rules are not unique to Brazil, similar rules exist in several countries of South America and Africa. In Europe they already existed, but lost out on the basis of treaties setting up the European Union, although other mechanisms are used for the purpose of protecting the citizens of the member states, making policies equal treatment legislation symbolic. The nationalization of the work rules governing the relationship between nationality and the labor market and are in a legal category, which has a function to fulfill in the Brazilian legal system. Not all rules nationalization violate the principle of equality, as it is possible, depending on the circumstance indeed adopt a criterion that implies differentiation between nationals and foreigners. The Constitution has a will arising from its normative force, so that the assumptions it (constitution) used to discriminate may also be possible by ordinary legislation, since the situation is actually justifiably constitutional

Democracia participativa e regulação econômica: uma questão de legitimidade

This work presents an analysis about the legitimation of independent regulatory commission`s rulemaking power by participation procedure. It is observed that political and administrative decentralization and fragmentation of State, with the purpose of approaching citizens and provide, more efficiently, the functions acquired by the passage of the Welfare State, leads to a deficit of legitimacy (democratic crisis), which is noticeable in the making of legal norms by directors of independent regulatory commission to regulate specific economic sector. However, we understand that this crisis stems from the observation of the contemporary world from dogmas and legal institutions of the eighteenth century, without their evolution and adaptation to the modern world. The legitimacy must be perceived as the justification of power, relation command /obedience, which, from the Modern State, has the democracy as standard. Therefore, just as the world has evolved and demanded political and administrative decentralization to accompany him, it is necessary to the development of the idea of representative democracy (formal legitimacy) to participatory democracy (legitimacy stuff). Legitimacy is not confused with the legality: as the legality is on observance to internal legal system, the "rules of play"; legitimacy, as inputs to be fed into this system, the selection of the different expectations in the environment. Nevertheless, the legitimacy will take place by legality, through introduction of rational and communicative procedures: procedures get fundamental importance because these will be the means to select the expectations to be introduced in the legal system in order to make decisions more fair, rational and qualified towards society. Thus, it is necessary to its opening to the environment for dialogue with the government. In this context, we try to make an analysis of constitutional norms based on systematic and teleological interpretation of these norms to build these arguments. According to the Constitution of 1988, participatory democracy is a result of the democratic principle (sole paragraph of art. 1 of the Constitution), and it is an expression of citizenship and political pluralism, both foundations of Republic (respectively Art. 1st, inc . V and II of the Constitution), as well as the national consciousness. From another point of view, that principle consists of an evolution in the management public affairs (principle of Republic). The right of interested participate in the rulemaking process derives both the principle of popular participation (part of the democratic principle) and the republican principle as the due process constitutional (art. 5, LIV and LV, CF/88) and the right to petition (Art . 5 °, inc. XXXIV, "a", CF/88), and it is the duty of the State not only be open to participation and encourage it. Ignoring stakeholder involvement in procedures and / or expressions compiled can be causes of invalidation of the rule of law produced by addiction of procedure, motive, motivation and/or because of the administrative act. Finally, we conclude that the involvement of stakeholders in the process of making rules within the independent regulatory commission is the legitimacy and the validity of rules; and that, despite of the expressions do not bind the decision making, they will enter the system as juridical fact, balancing the field of technical discretionary of agencies

Caminhos e descaminhos dos municípios produtores de petróleo: o papel dos royalties no desempenho das finanças públicas municipais no estado do Rio Grande do Norte

It analyzes the magnitude, the nature and the direction of public revenues and the public expenses in oil and natural gas producing municipalities in the state of Rio Grande do Norte in the post-constituent period, and, more precisely, from the approval of Law 9.478/97, called Oil Law . It argues the fiscal federalism normative theory, the typology and the role of the intergovernamental transferences in the performance of the public finances of the local governments. Shows that the economy of Rio Grande do Norte went through deep social-economic changes in the last few decades, among which includes the discovery of the oil and the natural gas and its importance for the growth of the industrial and services sectors. It points out that the increase of the production and the international price of the oil contributed for the growth in revenues of royalties and the special participation in the beneficiary cities, what did not mean an automatic increase in the resources destined to the investment and in the quality on the provision of the goods and services come back toward the local development. On the contrary, the main conclusion of the work is that the trajectory of the oil producing municipalities is marked by paths and embezzlements in the performance of the public finances and in the provision of public goods and services. Paths, that lead to the improvement of the performance of the public finances and the quality of the public goods and services. Embezzlements, that lead to the inefficiency in the provision of goods and services and the capture of the public resources. That is, the fiscal decentralization is a necessary condition, however not enough to improve the amount and the quality of the public goods and services given by these municipalities. For that it is necessary to advance in the fiscal federalism normative theories, in search of optimum model of federalism in local governments where still predominated by patrimonialism, clientelism, fiscal illusion and the capture of the public resources in benefit of the private interests

Trajetória dos assentamentos rurais financiados pelo crédito fundiário no estado do Rio Grande do Norte: uma análise da experiência do assentamento da fazenda Paz no município de Maxaranguape/RN

The market-assisted land reform (RAAM) has been constituted as an alternative of agrarian reform funded by the Programa Nacional do Crédito Fundiário (PNCF). It is a policy of acquisition, distribution and use of Earth ideologically disseminated and funded by the World Bank in the context of productive insertion of landless workers. Accordingly, this study seeks to analyze the trajectory of rural settlements financed by this policy, seeking to understand what factors promote or limit the process of rural development of those settlements. To do so, take as a reference case study of the Assentamento da Fazenda Paz, in the municipality of Maxaranguape in the State of Rio Grande do Norte. From the methodological point of view, bibliographical and documentary research were used, in addition to visits to the settlement and semi-structured interviews with the settlers, trade union leaders, consultants and technicians linked to the project. Assuming the reports of respondents, initially constructs the hypothesis that informal and formal institutions present in the Assentamento da Fazenda Paz were unable to effectively coordinate the actions of the agents. The results obtained showed the existence of a very complex undertaking, with a total area of 607 hectares and 80 families settled, endowed with good quality water and irrigation infrastructure, with assets of approximately R$ 5 million reais. Experience experienced by the settlers understood the development of complex systems of production and marketing of fruits and vegetables, with an emphasis on the cultivation of papaya in an area of 45 hectares based on modern irrigation system and extensive use of technology. Collective management of production, marketing, revenue and costs stood out as a major challenge for the settlers and their representative organisations, i.e. the Community Association and the cooperative. From this observation it was possible to identify two moments on the trajectory of the project: the first, between 2007-2011, considered by respondents as successful, in which the integration of public policies and abundant input of revenue from the commercialization of the fruits da Paz, mainly through the sale of papaya and pineapple in national and international markets, allowed an average remuneration of R$ 800.00 reais to R$ 1,000 reais seated/monthIn addition to the production of vegetables and other types of products for sale and consumption; the second, from 2012, characterized as a failure, due to the discontinuity of the cultivation, production and marketing of fruits based on the collective bargaining model deployed. Important factors explain the discontinuity of the project, including the model of agriculture implemented, difficulties related to the management of production, marketing and finance the venture, in addition to the breach of trust between the Board of the cooperative and the associates and the distancing of the governmental organizations more directly responsible for the project. It is therefore concluded that we must to rethink rural development as a multidimensional phenomenon, requiring a broad engagement between State and society under the foundations of a territorial development contract

O Projeto político-pedagógico na perspectiva de consolidação da cultura organizacional e da autonomia da escola

In this research, we have found that, besides the literature in educational area presents the politic-pedagogical project as a pedagogical component that is able to promote changes in educational practices and to consolidate the school autonomy, some researches point to an opposite view-point, mainly due to the fact that these researches verify that several schools have elaborated their project just to comply with a formal exigency of the Brazilian educational reform implemented from the 1990 decade. Despite of the neoliberal and neoconservative forces (that guide this reform) understand the politic-pedagogical project as a way of stimulating scholar organizations, in order to put in practice the educational politics of this decade, we understand that this project can, in fact, promote changes in the scholar practices in the sense of overcoming the bureaucratic scholar culture historically developed in this environment. This research presumes that the process of planning, implementation and evaluation of school actions that is excited by the politic-pedagogical project can stimulate the subjects to develop practices, values, and senses, bypassing in some aspects the culture that is traditionally instituted in school, what will certainly favor the construction of its autonomy. The research that we have done in Professor Ascendino de Almeida Municipal School situated in the South Zone of Natal, RN, Brazil, was developed according to the following methodological procedures: document analysis, semi-structured interview, and participative observation. In the focused school we evidence that the politic-pedagogical project is a product of interpersonal and professional relations that are marked by shared powers, by dialogical action, by participation, and by equality, that (all of them) mediate decisional processes, what makes it possible the construction of common senses in order to guide the educative action. We yet evidence the existence, between the professionals that integrate this institution, of a culture for valuation of planning, of collective reflection, and of theoretical support, besides a commitment with the formation of the student with who they work, this making possible that the politic-pedagogical project constitutes in an orientation for the process of reflection, action, and evaluation of the school work. In these conditions, this project propitiates the consolidation of the school autonomy, what, in its turn, prints higher quality to the educative work developed in the institution

Imaginário radical e educação física: trajetória esportiva de corredores de longa distância

Cette étude propose une lecture du sport d endurance, prenant comme perspective théorique l imaginaire radical et considérant les dimensions socio-historiques e subjectives de la pratique de courses de longue distance. D abord, l échantillon la recherche a été composé de huit sujets-atlètes du groupe de courreurs de rue Sport Vida. Ainsi, em même temps que nous faisons une analyse socio-historique de cette pratique sportive, nous considérons l ensemble des aspects sócio-culturels et poursuivons la recherche avec comme objectif de comprendre les sens qui lui sont attribués par les sjuets-atlètes, au-delá de l aspect économique et de la consommation. Nous observons que, même si l altétismo qui est pratiqué a des aspects competitifs (economiques), les atlètes créent d autres sens pour continuer a pratiquer ce sport, comme les amitiés, être ensemble avec les amis. Ils rompent avec la logique déterministe du sport dépasser la limite du corps, vaincre à n importe quel prix, dépasser les collègues -, en cherchant des moments de solidarité, un sport sans violence et affectif. Nous percevons néanmoins des contradictions dans le discours de quelques atlètes quand confessent que le plus important est l amour du sport, les amitiés, mais réclament du manque de sponsorts et d appui pour pouvoir s entrainer tranquillement. Cette recherche a aussi montré que dans la pratique de ce sport, les atlètes construisent une obstination, sachant le sacrifice qu il impose au corps, mais cela se transforme en plaisir, excitation et recherche d émotions fortes. Valeurs éthiques sont aussi construites et valorisées dans l atlétisme, ce qui est observé lorsque que les sujets-atlètes critiquent avec véemence a propos de l usage de substances chimiques par les sportifs. En choisissant l imaginaire radical comme principale inspiration théorique pour cette recherche, il devient évident que le sport peut être ressignifié, à partir du moment que cet imaginaire est potencialisé dans l enseignement de l éducation physique, porvocant chez les élèves une réflexion critique sur la société et sur le sport, qui passe à être redimensionné vers la solidarité, avec démocratie et autonomie. Enfin, l étude a révélé que le sport d endurance est capable de créer des liens sociaux et structurer des relations à partir de cette pratique

O ensino de matemática no Rio Grande do Norte: trajetória de uma Modernização (1950-1980)

This work aims to describe and analyze the process of the mathematics teacher modernizing in Rio Grande do Norte, in the period from 1950 to 1980. For that, we use as theoretical foundation assumptions of Cultural History and memories of the researchers Maurice Halbwach, Ecléa Bosi and Paul Thompson. As methodological tools, we used bibliographical resources and semi-structured interviews, in order to do a historical reconstruct of the mathematics educational scene of institutions and people who taught mathematics in Rio Grande do Norte, or those who participated in the modernization of the teaching of this subject, recovering their training and its practices in teaching. For the analysis of the bibliographical resources, initially we organized in a systematic way the transcripts of the interviews and documents, which were accumulated during the research, so long our thoughts, returning to the theoretical basis of this research, through questioning of knowledge acquired and that guided the problem of our study. The analysis showed that, important moments to modernize the teaching of mathematics in Rio Grande do Norte happened such: (1) Training Course of Lay Teachers in Rio Grande do Norte, in 1965, (2) Course for Teachers in Normal Schools, in 1971 (3) Satelite Project on Interdisciplinary Advanced Communications (SPIAC) in 1973; (4) Lectures of the teacher Malba Tahan, at Natal, from the end of the 50 s, that could be analyzed through the lessons notes of the teacher Maria Nalva Xavier de Albuquerque and the narrative of teacher Evaldo Rodrigues de Carvalho and (5) Courses of the Campaign for Improvement of Secondary Education and Broadcasting (CISEB). Thereby, the modernization of the school s mathematics teaching in Rio Grande do Norte, in the period from 1950 to 1980, was given mainly by disclosure of the Discovery Method and by the Set Theory contents in Teacher Training Courses

Adelle de Oliveira: trajetória de vida e prática Pedagógica (1900-1940)

This work analyses pedagogical practices of Adelle Sobral de Oliveira, from 1900 to 1940, in order to notice how her performance as educator and administrator took place in Externato Angelo Varela in the Rio Grande do Norte city of Ceará-Mirim within a time in which the public teaching started to be considered modern in the State. Adelle was a self learner who developed an important role as a mentality mentor of a generation in the region. As the research corpus we have taken the five Reading Books written by Felisberto de Carvalho used by Adelle in her Externato, interviews with her ex-students and researches in the newspapers of her time, in the Public Archives and in the Historical and Geographic Institute of Rio Grande do Norte, and also in the governors messages, Education Department documents such as laws, and government decrees and acts. It was also taken as a research font the Publich Archives of Ceará-Mirim. The aim of this PhD thesis is understand the primary instruction spreading and modernization in the countryside of Rio Grande do Norte, which began with her teaching pedagogical practices. The research results show Adele Oliveira used practical and experimental modern methodological teaching methods in the subjects she taught. Due to this, in her scholar routine, she avoided physical punishment and mechanical teaching and learning strategies

Projeto político-pedagógico: instrumento de ação educativa na Escola Municipal Ascendino de Almeida Natal-RN (2002-2003)

In this dissertation, we investigate the process of elaboration of the Political-Pedagogical Project in the Municipal School Ascendino de Almeida , situated in the west zone of Natal city, in Rio Grande do Norte State, Brazil. We performed a qualitative research, using information provided by several sources as: interviews carried out in the Municipal Department of Education and also in the mentioned School, document analysis, and literature reviews, mainly with the objective of knowing more about the complexity of this particular reality. This was done in order to establish a mediation between the actual reality and the social, political, and economic context that surrounds it. We analyze the Political-Pedagogical Project according to the visions of Education theoreticians, under the political-normative plan, and also as a process of educational planning that can collaborate significantly for the introduction of changes in school Education. This instrument of the educative action, as a fruit of the participation of the school community, may constitute itself in an important learning instrument of the participation in the social sphere, demanding from the educators the development of complex abilities so that they can construct the Project. In the data analysis, we describe and analyze the process of elaboration of the Political-Pedagogical Project of the mentioned School. We also determine how participation of the school community was constructed as well as the consequences of this envolvement. We also discuss the abilities they needed to develop, the process of studies and dialogues that gave support to the whole process, and the democratic participation in the school decisions, including a dialogical interaction

Pedagogia Freinet :mediação para o social, o político e a formação de professores

Ce projet présente dans son premier chapitre une étude historique-bibliographique basée sur la Pédagogie Freinet en France, ainsi que sa formation républicaine, ses courants politiques et idéologiques qui ont moulés l organisation sociale et éducationnelle de ce pays. Ce travail montre le rôle des courants de gauche dans ce processus, cela se reflète aussi sur le jeune Freinet. Les changements opérés dans la décennie de 1950 dans le système scolaire, dans le propre Mouvement Freinet et les ruptures qui ont eues à l intérieur de ce mouvement. Cela se termine avec les directions prises dans les dernières décennies, son arrivée au Brésil et les perspectives actuelles. Le deuxième chapitre aborde la reconstitution historique du Brésil dont sa phase coloniale et impériale. Les événements historiques de la IIIe, IVe et Ve République sont mis en relief avec ceux du Mouvement Freinet. La phase militaire imposée au Brésil et les luttes pour la reconquête de la démocratie. Il se termine avec les considérations sur la LDBEN 9394/96 et l implantation du Curso Normal Superior; un bref historique de la Pédagogie Freinet au Brésil, des thèmes importants travaillés dans le troisième chapitre. Dans ce chapitre une recherche qualitative est décrite basée dans l Etnographie Critique et Multiréférentiellel et aussi dans la Recherche-Action. Elle est développée auprès d un groupe de cinq professeurs des premières classes de l école primaire au collège, inscrites dans le Curso Normal Superior. Les données ont été obtenues à partir de rencontres régulières avec le groupe la médiation didactique , des entretiens, des questionnaires, des observations dans les salles de classe, du travail final du cours, nommé Mémorial de Formation. À travers l ensemble des données, on recherche les apports et l actualité d une proposition pédagogique historiquement firmée pour le développement de la praxis éducative

Escola para os filhos dos outros: trajetória histórica da escola industrial de Natal (1942-1968)

This paper presents a reconstruction of the historical trajectory of the Escola Industrial de Natal (Industrial School of Natal), in the period 1942 to 1968, based on the analysis of its cultural, social and pedagogical characteristics in a process in which its educational practices and the individuals who constructed them were getting involved in their actions. In this sense, the concepts of memory and school culture occupied a central place to understand the elements that characterized its administrative and pedagogical organization such as, for example, its curriculum, aims, disciplinary rules, clientele, teachers, leaders and the configuration of the institutional power. Designed to meet the demands of an industrial process that has strengthened in the country, throughout its history, the Escola Industrial de Natal was becoming a space predominantly occupied by individuals, from economically disadvantaged social groups in society, in search of a professional training that would guarantee them the exercise of a profession. The time frame from 1942 to 1968 allowed us to verify the changes caused by the Organic Law of Industrial Education of 1942, and the Law number 3.552, from 1959, in the organizational structure of this school. In this context, a characteristic that was evident was the purpose of making it flow between the students the love for the country, the respect for civic values and the belief that industrial education would be able to boost the country's development, an aspect that reached a bigger dimension from the 1950 s. Marked the disciplinary character of this institution the control over the actions of individuals, developed through its multiple educational practices in specific areas and in the predetermined time, under the constant gaze of those who participated, in some from, in driving this process. On the other hand, the vocational and human training, provided to students, allowed new opportunities for social integration, not only in the state of Rio Grande do Norte, but also in other regions of Brazil. Conversely, during his career, the Escola Industrial de Natal has remained being seen as an organized institution, with good teachers, but intended for the children of others

Custo social de oportunidade na trajetória de acesso ao ensino superior: o caso dos ingressantes na UFRN nos vestibulares de 2006 a 2010

Access is a problem of higher education in Brazil that has existed since the formalization of this has occurred since the installation of the Portuguese court in Brazil in 1808. Only 10% of young people between 18 and 24 years of age attending this level of education in 2000, arriving in 2010 just 15%, far from that determined the National Education Plan in 2001, triple that percentage by the year 2010. In addition, a majority of seats of public HEIs is populated by students from the private network, especially in high-demand courses. In this context, this study aims to identify the costs related to the trajectories of students who were successful in the vestibular UFRN editions from 2006 to 2010. Presents an overview of higher education in Brazil, a brief history of vestibular, as well as new forms of access, and some of the policies to expand such access, highlighting the argument Inclusion UFRN. Focusing on the theme of the paper presents the concepts of opportunity costs and social. After collecting data through a questionnaire and consultation of databases COMPERVE was developed to search for a descriptive and analytical, with the participation of 3,995 students, of whom 1642 (41.1%) had completed secondary education in schools public, and 2,078 (52%) in private schools. The profile indicates that 90% are single, about 50% are 21 years of age, are white and female. In the course of preparation for college entrance exams, 80% chose the course during or after completion of the last year of high school, and almost 70% said they had started preparing at that time. Findings related to the costs involved with this preparation indicate that, in most cases there were school fees and disbursements and workshops, and the purchase of books and other materials, with parents primarily responsible for this cost, the amount disbursed each month was up $ 300 for 64% of respondents and only 7% of them exceeded $ 1,000, the major non-financial costs were characterized by the following resignations: job opportunities (24%) or temporary work (20%) courses of languages (26%), leisure activities (48%), leisure travel (43%), and parties and / or shows (54%). Of social investments by the government, stand out in the tax waiver scholarships for study in private institutions, grant exemption from the registration fee of vestibular, the preparatory courses UFRN, and seminars by COMPERVE / UFRN with networks of high school. From the junction of the opportunity costs (private costs) and social costs (public costs), a new concept: the social opportunity cost, which measures the combined efforts of families and government to finance the opportunity to access higher education of an individual. This concept can and should be incorporated as a strategic vector for the sake of democratic university, which reflects the social model that is sought