A Política de reconhecimento de títulos de pós-graduação estrangeiros: a ação do Judiciário brasileiro

Abstract

This dissertation deals with the foreign postgraduate titles recognition policy and aimed to analyze the judicial decisions of the Superior Court of Justice (STJ) and the Supreme Federal Court (STF), concerning to the subject, with a view toward to establish relations between justice decisions and the titles recognition policy. The leading question that served as a basis to the research was: What is the Brazilian Justice role in the foreign stricto sensu postgraduate titles recognition policy formulation in Brazil? That way, from the information contained in the literature of the area, which pointed to a growing Brazilian migration process towards engaging masters and doctoral courses in countries, that border Brazil, which in turn, intensified the applications for recognition directed to the universities. This process would involve cases of confrontations, of position from the Brazilian Justice through the Superior Courts. To achieve the goal of the research, is used the documentation analysis with a qualitative approach. The theoretical referential adopted to support the research is Palumbo’s (1994), historical Constructivism which specifies that a law by itself is not a policy, nor a judge's decision, but its historical series. Whereas the Judicial Power is one of the three constituent Powers of the State, the focus of the research is within that area. In a study conducted on the Jusbrasil internet site, where is possible to find all decisions of the Brazilian Courts, using the descriptor "foreign postgraduate titles recognition", were found 2.393 (two thousand, three hundred and ninety three) processes conducted within the country, and in consultation to the Superior courts, it was found 18 (eighteen) decisions in the Supreme Court of Justice and 10 (ten) decisions in the Supreme Federal Court, of which 4 (four) are Unconstitutionality Direct Lawsuit (ADI), which allows to assert, that the foreign title recognition is a central theme to the point of originally proposed lawsuit, whose analysis and decision is up to the Supreme Federal Court, given your constitutional competence. The other Supreme Court of Justice decisions involved, on completeness, in rejection of the applications for recognition, reporting as justification the Guidelines and Basis for National Eeducation (LDB). The Supreme Federal Court rejected lawsuits filed in virtue of the formal legal issues, not analyzing the merits. In this regard, it was noted that the role of the judiciary was not to promote activism on the issue, but rather, to require compliance with the applicable law by article 48 of the standardized LDB, influencing in the acts of the Executive and the Legislature Powers.