Navegando por Assunto "Autonomia universitária"
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Tese Acesso aberto (Open Access) Entraves e desafios para a efetivação da governança administrativa nas IES: um estudo comparativo entre a Universidade de Melbourne, a Universidade de Campinas e a Universidade Federal do Pará (Brasil - Austrália)(Universidade Federal do Pará, 2021-06-28) CASTELLO, Rebecca do Nascimento; PONT VIDAL, Josep; http://lattes.cnpq.br/4415362518177732This study aims to analyze the administrative governance of the University of Melbourne (UNIMELB) in Australia, the University of Campinas (UNICAMP) and the Federal University of Pará (UFPA), these two in Brazil, through a comparative study, based on analytical categories of financial autonomy, control, model and decision-making logic. The research was carried out through a specific literature review, using Niklas Luhmann's Theory of Self-Referential Systems as theoretical-methodological support. A mixed approach (quali quanti) was applied, using semi-structured interviews and documentary research as an instrument for data collection, interpreted through content analysis. As main results, it was identified that the three universities have predominant characteristics of the “Stakeholders” governance model, with UNIMELB moving towards an “Entrepreneur” model. The three institutions have characteristics predominantly of the bureaucratic decision-making model, but Brazilian universities still use secondary codes when it comes to appointments to senior management positions, which can directly impact the use of overcodes. The need to argue the selected choice was evident in all HEIs, thus generating differences in the system. With regard to financial autonomy, UFPA and UNICAMP do not have diversification of sources of resources, depending mostly on public resources, as a consequence of a poor relationship with the productive sector and administrative decisions that are inoperative in relation to increasing this autonomy. With regard to the control category, UFPA stood out, followed by UNIMELB and UNICAMP, the latter with problems to be overcome in relation to transparency and internal and external audits. Making a parallel between the theoretical framework and the analytical categories, an “ideal model” for university governance in the administrative area was purposefully outlined. It was concluded that governance in the three universities needs improvement in at least one of the analyzed categories. Brazilian HEIs need to focus on policies aimed at greater diversification of financial resources; correct communication codes with other systems making decision making more adequate and; finally, UNIMELB and UNICAMP need to improve actions involving control.Dissertação Acesso aberto (Open Access) Estado, direito e políticas públicas: um estudo sobre a incidência normativa na educação superior a partir da Constituição Federal de 1988(Universidade Federal do Pará, 2008-07-02) MAGNO, Michelle Feitosa; CHAVES, Vera Lúcia Jacob; http://lattes.cnpq.br/3533444052532463This study has as its main subject the analysis of the public policies drawn up by the Brazilian State through normative regulations for the higher education. Using as categories of analysis the university autonomy and the funding of higher education, the research is based on the premise that public policies have been build from legal regulations. Thus, we searched into the Brazilian State public policies issued by it through legal standards and its consequences in higher education. This study is a bibliographic research that performs a detailed survey of the legal system developed by the Brazilian State for higher education from the Federal Constitution of 1988 until the year 2006. We found out that subsequently to the current Constitution, forty four legal regulations, two of them being constitutional amendments, eleven laws, three interim measures, nine decrees, among others normative standards were approved regarding the university autonomy and funding of higher education, and that also concurred to a profound change in the constitutional text. In the development of the study we started with the argumentation about the State, in order to establish the relations between the Law and the public policies. Then, we draw an historical contextualization of all Brazilian Constitutions, with emphasis on the process of redemocratization started in 1974 and reaching its highest point in the Constitution of 1988, whose key feature was its definition as the most democratic Magna Carta known in Brazil. In this Constitution, we discuss the articles that infer on university autonomy and funding of higher education. Based on the discussion of the Brazilian State and the information provided by the Constitutional Law, we conducted an analysis of post-constitutional legislation that sets policies for Brazilian higher education directed to finance that level of education and university autonomy. Taking as reference the constitutional text, we discourse about the constitutionality control as a legal principle. The study showed that most of the infra-constitutional legal rules regulating Brazilian higher education act contra legem mater, when, for example, proceed against the article 207, interfering on the choice of the university leaders, injuring the ability of the university itself legislate about its own topics, or when disentail provided percentages for the financing of higher education, such as the Revisal Constitutional Amendment n. 1/1994 and Constitutional Amendment n. 10/1996, injuring constitutional principles and representing the interests of the neoliberal capitalist state. The study presents a contribution for the educational public policies field, since it allows reflections on the way that the subjective public law comes to education, assured in the constitutional text, has been systematically and successive denied by governments after the Federal Constitution of 1988 that folow the neoliberal state model.
