Revalidação de diplomas estrangeiros de graduação e a sua judicialização no Supremo Tribunal Federal no Brasil (2009-2016)

Abstract

The revalidation of a diploma is mandatory for all professionals graduated abroad and who wish to work professionally in Brazil. According to the Law of Guidelines and Bases (LDB / 96), public universities are responsible for this process, and the Ministry of Education (MEC) has been issuing regulations, such as Resolution CNE / CES No. 3/2016, with the aim of procedures. However, the judiciary is being provoked with demands on this issue, with a significant increase in recent years. The Federal Constitution of 1988 has broadened the list of social rights, including education, leading citizens to prosecute social issues that are foreseen, but which are not carried out or those that are not executed correctly. The phenomena of globalization and internationalization influence the demand for revalidation of securities and their consequent judicialization. In this sense, this paper seeks to answer the following guiding question: How has the Federal Supreme Court (STF) decided the revalidation of foreign diplomas? It has as its general objective to analyze the decisions of the Supreme Court in cases of judicialization of the processes of revalidation of foreign diploma and, as its specific objectives: to place the judiciary in the process of revalidation of foreign titles in the context of the Brazilian educational policy; map the arguments used in the decisions and highlight the trends of judicial decisions for this policy. In order to answer the questions presented and to reach the proposed objectives, it was based on the contextual-constructional theoretical-methodological framework, having as a strategy the documentary analysis, with a bibliographical contribution. In the period from 2009 to 2016, in the Brazilian courts, a total of 3,153 cases were found against the denials of revalidation by universities, of which 63 came to the Supreme Court, which is the last resort of the Judiciary. 7 of these cases are of original jurisdiction and 56 of recursional jurisdiction, and the STF denied follow-up to Extraordinary Appeals on the grounds that there are no admissibility requirements such as: the general repercussion of constitutional issues; the pre-questioning of the constitutional matter and the direct offense to the Federal Constitution. Thus, the STF maintained what was decided by the Regional Courts. It was also observed that the three powers of the State in relation to the policy of revalidation of foreign undergraduate degrees, which places it as an individual and non-social right in the face of the clashes between the different segments of Brazilian society, were also observed.