Resumo

RANIERI, Nina Beatriz. A autonomia das universidades públicas e a nova Lei de Diretrizes e Bases da Educação (Lei n° 9394, de 20/12/96). Ensaio: aval. pol. públ. educ. [online]. 1997, vol.05, n.14, pp.37-48. ISSN 0104-4036.

The Federal Constitution, in its article 207, grants scientific-didactic autonomy, and financial and patrimonial self-management to universities. This grant is of great consequence especially to public universities, duo to their submission to Public Law norms, and therefore, to all restrictions inherent to this regime. It is the constitutional autonomy that acknowledges them a peculiar nature in the Public Administration field, conferring them, - on the grounds of their specifics - a distinct legal treatment, to be determined. The new LDB however, in some of its dispositions, sets limits to the autonomy granted by the constitutional 207 article, in so far as it sets out to regulate the 207 contents, dealing with situations not treated in it. The present approach aims at pointing out the unconstitutional dispositions contained in the new law, mainly in as far as public universities are concerned. The subject is introduced by means of an analysis of the university autonomy while juridical good, leading into an attempt to define its function, significance, scope and limits, under a law perspective. Following, a view on the LDB dispositions which limit the 207 article, either by directly restricting the autonomy of universities, or by enabling the sponsoring public authority to do so.

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