O princípio da autonomia universitária no Brasil: uma análise do período pós-constituição de 1988

Abstract

The principle of university autonomy has been at the center of discussions since the creation of the first European universities. It was and continues to be essential for the existence and survival of scientific research and critical thinking in universities.Over the centuries, the university institution has suffered attacks, interventions, and persecutions, promoted both by local and religious elites and by authoritarian governments, ideological groups, etc. The tensions promoted in the field of university autonomy are, in general, motivated by political disputes within society and the State.In view of this context, this study aimed to (i) analyze the trajectory of the principle of university autonomy in the different periods of the formation of the Brazilian university; (ii) understand how the political disputes of each period influenced the definition of regulatory frameworks for university autonomy in Brazil; (iii) analyze the normative scope of the principle of autonomy recognized by the Federal Constitution of 1988 and; (iv) understand autonomy in its relationship with the process of building democracy in Brazil. From a methodological point of view, it is a documental study.The research was developed through the systematization and analysis of documents that aim to discipline the theme of university autonomy in Brazil, with emphasis on the different Constitutions, National Education Laws of Guidelines and Bases, Laws, Decrees, Ordinances, Rulings and Legal Reports and a considerable number of articles published both in the print and the online press.The study showed, among other results, that the first regulatory frameworks on the subject were published from 1930 onwards, in the context of the creation of the first Brazilian universities. Until 1988,university autonomy was regulated through laws, decrees, and law-decrees. The Federal Constitution of 1988 was the first to constitutionalize it. The zeal, defense and promotion of autonomy became a constitutional duty. The late constitutionalization of the issue in Brazil has, therefore, a close relationship with democracy. In the 20th century, democracy was the exception rather than the rule. The study showed that Brazilian universities spent most of their history under the tutelage and direct or indirect control of authoritarian governments. Authoritarian regimes invariably moved to suppress academic freedoms. For this reason, the trajectory of the principle of university autonomy in Brazil has not been linear. Advances and setbacks have been constant. University autonomy depends on the existence of the democratic rule of law and the observance of its principles and rules. The democratic order is essential for the university institution to achieve its goals.