Uma análise da judicialização da Educação Superior no âmbito da Universidade Federal de Uberlândia a partir de sua expansão em 2006

Abstract

This study is part of the State, Policies and Education Management research line of the Post-Graduation Program on Education of the Federal University of Uberlândia (PPGED/Faced/UFU) and seeks to answer how the phenomenon of judicialization of Higher Education has occurred within the scope of the Federal University of Uberlândia after its expansion. The research aims to investigate and understand the occurrence of the judicialization of Higher Education within the scope of the Federal University of Uberlândia – UFU and it specifically aims to present how the right to education has been present throughout the Brazilian Constitutions; analyze Higher Education and list the main expansion policies aimed at it which were implemented from President Lula government on; investigate the characteristics of judicialization against the implementation of public policies and within the scope of public educational policies; and raise and contextualize the categories of legal proceedings that deal specifically with education at the Federal University of Uberlândia, after its expansion, in order to verify the modalities the judicialization which have been more recurrent and to understand to what extent the judiciary has given a favorable opinion to citizens who act in justice, contributing to solve educational problems. In order to achieve this purpose, a qualitative approach was used and, as a procedure, it is a bibliographic and documentary research. In the bibliographical research, authors who deal with the right to education, public policies, educational public policies directed to Higher Education and the judicialization of education were considered. Among these authors, the following ones stand out: Bobbio (2004), Bucci (1997), Chizzoti (2004), Cunha (2007), Dourado (2002), Fávero (2006), Gentilli (2013), Hofling (2011), Laval (2019), Lombardi (2014), Nunes (2016), Oliveira and Adrião (2007), Ranieri and Alves (2018), Sanfelice (2007), Saviani (2002), Sguissardi and Silva Júnior (2005), Taylor (2007). As for the documental research, the legal advice of the menus were analyzed and they brought the decisions rendered related to the judgments researched on the website of the Federal Regional Court of the first region. The study revealed that Public Power does not always fulfill its role in offering public policies to society, which leads citizens to call the Judiciary Power in search of a solution to their problems. Thus, it is essential to have the intervention of the judiciary power when educational rights are no longer met by other powers. The data revealed that the process of judicialization of education at the Federal University of Uberlândia grew over the years and that there was a variety among the subjects demanded such as enrollment, external transfer, selection process, quota system, diploma/certificate of course completion, hazing, scholarship and reintegration of the student body. It was also found that a higher number of decisions are favorable to the petitioners, that the vast majority of actions were filed by private lawyers and that, in relation to the total duration of these processes, more than half took four years or more to be judged.