Judicialização dos processos seletivos de ingresso nos cursos de graduação da Universidade Federal do Espírito Santo

• Ano de defesa: 2024
• Autor(a) principal: Faian, Daniel Souza
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Espírito Santo; BR; Mestrado Profissional em Gestão Pública; Centro de Ciências Jurídicas e Econômicas; UFES; Programa de Pós-Graduação em Gestão Pública
• Palavras-chave em Português: Gestão Pública Judicialização Processos seletivos Políticas públicas; Administração pública
• Link de acesso: http://repositorio.ufes.br/handle/10/17736

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.