Fachin asks Bolsonaro to explain criteria for the appointment of federal rectors | Politics

The request, published on Thursday (19), was made in an action of the Federal Council of the Brazilian Bar Association (OAB). The entity asks the STF to determine that the president should name only the names of the triple lists sent by the federal institutions of higher education.

Fachin also requested information from the Attorney General’s Office (AGU) and the Attorney General’s Office (PGR). The deadline for all is five days.

The minister affirmed that the request deserves a quick evaluation, since it is “an issue that concerns the university autonomy guaranteed by a norm expressed by the Constitution of the Republic.”

For the OAB, “the appointment, in these cases, consists of a merely ratifying act, and the federal legislation that regulates the democratic management of the universities and their autonomy cannot mitigate the autonomy determined by the Constitution of the Republic, and leave to the discretion of the President of the Republic a free choice “.

According to another lawsuit on the same subject, in October, Fachin had already voted in favor of confirming the first place on the triple list as rector. The action was analyzed in the virtual plenary session, but Minister Gilmar Mendes requested the transfer of the subject for a physical trial, which has not yet been scheduled.

“In view of university autonomy, this power-duty should not be understood as an instrument of control. As noted above, instruments of this nature exist and are constitutionally legitimate. However, the appointment of Rectors and Vice Rectors cannot be interpreted as a device for the development of political agendas or as a follow-up mechanism ”, wrote Fachin.

The election of the rectors of federal universities and institutes has several stages, including an internal process. By law, the final appointment is the responsibility of the President of the Republic.

In most institutions, there is an internal vote of teachers, officials and students for the formation of the triple list, which is then sent to the federal government. The law allows the president to choose any of these three names, but in previous governments, the name chosen was always the most voted.

In 2018, Michel Temer’s last year, the seven nominations published by the Ministry of Education were the most voted candidate, even when the portfolio legally questioned the triple list.

In the first eight months of Jair Bolsonaro’s administration, the president had already disrespected this “tradition” in 6 of the 12 nominations for rectors of universities and institutes.

This week, students and officials from the Federal University of Paraíba (UFPB) protested against the nomination of the least voted on the triple list, Valdiney Veloso Gouveia.

On Thursday, Bolsonaro returned to haggle the most voted of a triple list, naming the runner-up, Gildásio Guedes Fernandes, to the rectory of the Federal University of Piauí (UFPI).