1988 年《巴西联邦宪法》第 207 条的利弊

Q4 Decision Sciences
Giácomo de Carli Da Silva
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引用次数: 0

摘要

目的:本文重点介绍 1988 年《巴西宪法》第 207 条。该条款赋予高等教育机构(HEIs)在教学和行政自主权方面的充分权利,文章随后讨论了该条款的利弊。社会问题如下:高等院校(高等教育机构)是否违反了法律,因为它们受到 1988 年《巴西宪法》第 207 条的保护?本研究旨在说明高等院校在巴西本科生和研究生课程的选拔过程中如何使用第 207 条(巴西,1988 年)。方法:本调查以经验报告为方法,采用定性方法。结果与讨论:研究结果表明,高等院校确实违反了法律。遗憾的是,似乎没有公共机构进行监督,除非教育部(MEC)或其他公认的机构访问这些院校,在国家层面甚至国际层面(教育部以外的机构)对其课程进行资格认证或取消资格认证。遗憾的是,在这些情况下,这些高等院校会做许多伪装。通过阅读本文,我们可以清楚地看到,1988 年《联邦宪法》(巴西,1988 年)第 207 条规定的大学自治事实上并不能保证高校内部的民主,尤其是在学生、教师和/或雇员/服务人员的入职和留职方面,特别是在公立高校。研究的意义:本经验报告探讨了重新评估 1988 年《巴西宪法》第 207 条的可能性,使巴西高等院校的自主权得到更有效的保障,并与公共当局在没有事先警告的情况下不断进行的检查联系起来。因此,尽管巴西的大学 "受制于 "巴西政府和现行法律所代表的更高秩序,但巴西的大学确实是世俗的,是为所有人服务的。原创性/价值:这项研究和这篇文章虽然篇幅不长,但却提出了在巴西保障高等教育和研究生教育民主的一个关键问题,以供讨论。如今,关于巴西大学自治的讨论不绝于耳。然而,很少有人质疑这种自主权,质疑它对大学内部的民主有多么有害和致命。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE PROS AND CONS OF ARTICLE 207 OF THE 1988 FEDERAL CONSTITUTION OF BRAZIL
Purpose: This article focuses on Article 207 of the 1988 Brazilian Constitution. It then discusses the pros and cons of this article, which gives full rights to Higher Education Institutions (HEIs) in relation to their teaching and administrative autonomy. The social problem is as follows: Do HEIs (Higher Education Institutions) violate the law or not, as they are protected by Article 207 of the 1988 Brazilian Constitution? The aim of this study is to show how HEIs use Article 207 (BRAZIL, 1988) in their selection processes for undergraduate and postgraduate courses in Brazil. Method: This investigation used the Experience Report as its method and the qualitative approach as its approach. Results and Discussion: The results of this study show that HEIs do violate the law. Unfortunately, there seems to be no supervision by public bodies, except when the MEC (Ministry of Education) or another recognized body visits these institutions to qualify or disqualify their courses at national level and even internationally (institutions other than the MEC). On these occasions, unfortunately, many camouflages are made by these HEIs. Reading this article, it becomes clear that the university autonomy of Article 207 of the 1988 Federal Constitution (BRAZIL, 1988) does not in fact guarantee democracy within the HEIs, especially when it comes to entering and remaining as a student, teacher and/or employee/servant, especially in public HEIs. Implications of the Research: This experience report explores the possibility of re-evaluating Article 207 of the Brazilian Constitution of 1988, to the extent that the autonomy guaranteed to Higher Education Institutions in Brazil is more effective, linked to constant inspections by public authorities without prior warning. Thus, it is understood that, although "enslaved" to a higher order represented by the Brazilian government and the legislation in force in Brazil, Brazilian universities will indeed be secular and for everyone. Originality/Value: This research and article, although short, raises for discussion a crucial point for guaranteeing democracy in access to higher education and postgraduate studies in Brazil, which is little debated. There is a lot of talk about autonomy within Brazilian universities today. However, there is little questioning of this autonomy and how harmful and lethal it can be to democracy within them.
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来源期刊
International Journal of Professional Business Review
International Journal of Professional Business Review Business, Management and Accounting-Business, Management and Accounting (miscellaneous)
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