O Acesso à educação superior pela via judicial em Mato Grosso do Sul: o ingresso oblíquo

Abstract

This research fits into the theme of the educational policies of access to higher education, focusing on the situation of admission provided by the courts. Its general objective is to analyze the judgments which deal with access to higher education in Mato Grosso do Sul from 2009 to 2014. It is considered, therefore, the lawsuits to grant Certification on high school level based on grade obtained by the National Secondary Education Examination (Enem), requested in order to facilitate entry into higher education. Using the quantitative and qualitative analysis method, data processing done by content analysis, the decisions of the Court of Mato Grosso do Sul are analyzed in this period, to identify the understanding of this Court on the grant of such Certification and the so how is the lawsuit about this action of educational policy. Thus it is possible to understand how the judicial action is set about ensuring access to higher education in the period and place specified. The study results indicated large court granted Certification for children under 18 years with the use of arguments that contradict the legal limitation regulations for granting the certification, as well as disregard democratizing objectives of this integral action of public policies to increase access to higher education for youth and adults. Just as well, this Court promoting a possibility of premature and oblique entry to higher education, a ticket that does not correspond both to the main administrative forms of admission and does not meet the constitutional democratic principles.