AN ANALYSIS OF JUDICIAL REVIEW OF FEDERAL REGIONAL COURT OF THE FIFTH REGION OVER ACTS OF FEDERAL UNIVERSITY OF CEARÁ BETWEEN YEARS 2019 AND 2021
DOI:
https://doi.org/10.12662/2359-618xregea.v13i2.p93-107.2024Keywords:
university autonomy, discretionary power, judicial reviewAbstract
As a constitutional principle, university autonomy aims to guarantee academic freedom against political, economic, and religious influences. However, it is an imprecise and constantly evolving legal concept that may make the decision of litigations difficult for the court. This paper aims to identify the parameters of this jurisdictional control, using the content analysis methodology proposed by Bardin, having as research corpus the decisions of the Federal Regional Court of the 5th Region on the university autonomy of the Federal University of Ceará between the years of 2019 and 2021, and verify the occurrence of institutional interference in university autonomy. It was concluded that the parameters used are mainly other constitutional principles, especially those of legality (49% of the analyzed documents) and reasonableness or proportionality (26%), which give a wide margin of subjectivity. The observed interference in university autonomy was relatively low.
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