Judicialization of Admission Processes at the Federal
University of Espírito Santo.
Name: DANIEL SOUZA FAIAN
Publication date: 09/09/2024
Examining board:
Name |
Role |
|---|---|
| DAURY CESAR FABRIZ | Examinador Externo |
| MARGARETH VETIS ZAGANELLI | Presidente |
| THALMO DE PAIVA COELHO JUNIOR | Examinador Interno |
Summary: This is a Professional Master's Dissertation resulting from a study that aimed to
investigate the judicialization of the admission processes for undergraduate programs
at the Federal University of Espírito Santo (UFES). The need to reconcile the interest
in accessing public higher education in Brazil with existing regulations, inclusion
policies, and the State's budgetary constraints has increased the complexity of the
admission processes. Simultaneously, the 1988 Federal Constitution expanded the
possibilities for access to justice and the role of the Judiciary. In this context, the
judicialization of admission processes has become a frequent trend, and UFES,
particularly as the only public university in the state where it is located, is not immune
to this phenomenon. The research is documentary, descriptive, and explanatory,
conducted through a mixed-method approach. Quantitative and qualitative stages of
document analysis were carried out on the judicial cases available on the virtual page
of the Federal Regional Court of the 2nd Region, related to admission to UFES
undergraduate programs. The results present an overview that highlights the increase
in the number of lawsuits between 2018 and 2023, as well as the Judiciary's
involvement in implementing public policy for higher education admission. The
phenomenon predominantly involves sensitive issues, such as the quota system.
Moreover, the analysis of the judicial decisions related to these cases demonstrates
that there is no judicial activism in the content of the decisions, that the rulings are
primarily based on factual matters and principled and jurisprudential arguments, and
that UFES is the losing party in a minority of cases. However, the rulings against the
University—especially those that provisionally mandate enrollment—have significant
consequences for public administration and students. Therefore, the study of the
judicialization phenomenon reveals weaknesses, potentialities, and solutions for public
administration, making it possible to outline recommendations that contribute to
improving the admission processes for undergraduate programs at UFES, in order to
prevent recurring legal disputes.
