Resumen

GOMES, Magno Federici. Avaliação e natureza administrativa das instituições de ensino superior. Ensaio: aval. pol. públ. educ. [online]. 2010, vol.18, n.68, pp.589-609. ISSN 0104-4036.

It is desired, with the present work, the study of the norms relative to the heterogeneity of the Institutions of Higher Education (IES), that is, of its diverse levels of specialization, existing in the Constitution of the Brazilian Republic of 1988 (CR/88), under the constitutional ordering and normative administrative acts, since superior education was reshaped several times, in the Brazilian educational system. It is necessary to present classifications adapted to such a diverse and heterogeneous higher education system of the Brazilian, as well as to discuss the conception of university. The nature and the legal regime of the IES must be analyzed, from the public and private sectors, and their levels of specialization. This one is a preponderantly theoretical-documentary work, in a dogmatic perspective, employed as a form of analysis of the results. As conclusion, the partial unconstitutionality of Decrees nº 5.773/06 and 5.786/06, sent by the Presidency of the Brazilian Republic, has been verified in the topic referring to the diverse levels of specialization of the IES, especially in the denominations of university centers and faculties. The discrimination formulated by the normative administrative acts is not limited to organize the IES of the federal system of education, since it creates forms of institutional organization, without previous legal disposition and in sense opposed to the article 45, of the Law nº 9.394/96 (LDB). Finally, the Project of Law of the University Reformation, proceeding in the Brazilian National Congress, presents, in its text, elements that make it possible to regularize unconstitutionalities indicated in this study.

Palabras clave : Constitutional Law; Administrative Law; Heterogeneity of the Institutions of Higher Education; Levels of Specialization; Partial Unconstitutionality of Presidential Normative Administrative Acts.

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