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BRAZILIA – Minister Edson Fachin, of the Federal Supreme Court (PF), voted this Friday to force the President of the Republic to elect as rector of federal institutions of higher education the professor who heads the triple list chosen by internal vote. The trial takes place in the virtual plenary, in which the ministers do not debate among themselves, they simply place their votes in the electronic system of the Court. Fachin is the rapporteur and the only one who has now voted. The deadline for others to speak is Friday of next week.
The action is being analyzed on a precautionary basis, that is, even after all the other ministers have spoken, it will still not be the final decision. Fachin justifies the need to take the precautionary decision due to the “imminent proximity of the appointment of several rectors and vice-rectors in some of the main federal universities in the country.”
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The action was brought by the Green Party (PV) against a law of 1995 and a decree of 1996. These rules say that the dean and the vice dean will be “chosen from among professors of the two highest levels of their careers or who have a doctorate , whose names appear in triple lists “prepared by the institutions themselves.
According to PV, President Jair Bolsonaro has been taking actions to carry out “a true white intervention”, violating the constitutional principle of university autonomy. As an example, he cited nominations from people who, although they are part of the triple list, were placed in third place with not very expressive votes. Another example is an interim measure issued by Bolsonaro in 2019 changing the criteria for the choice of the triple list.
Starting with the 1995 law, Fachin noted, there was respect for the name that topped the triple list. With Bolsonaro, however, that changed. “Once this practice has been modified recently, and the denomination of the names indicated at the top of the triple lists has been systematically exceeded, there is a legitimate doubt about the compatibility of the broken rules with the constitutional order”, wrote Fachin.
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Then he added: “The use of discretionary power to, without reasonable justification, break with the order of nominations, represents an interference that affects the university in its ability to self-regulate as a special autarky.”
The minister pointed out that there are other legitimate control mechanisms by the government, such as the control of transferred funds, and the regulation of the Ministry of Education (MEC) in the operation of undergraduate and graduate courses.
