A autonomia financeira das universidades públicas e os mecanismos de autofinanciamento

• Autor(a) principal: Nóbrega, Henrique Couto da
• Data de Publicação: 2023
• Outros Autores: [e-mail]
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/19867
• topic: University autonomy; Constitutional interpretation; University budget; University service fees; ICL model; Autonomia universitária; Interpretação constitucional; Orçamento das universidades; Taxa de serviços universitários; Modelo ECR; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO

This paper aims to develop a theoretical and empirical analysis of the principle of autonomy of financial and asset management of public universities, guaranteed in art. 207 of the Constitution, in order to assist in the construction of possible directions to its application in various cases involving external interference in the finances and budget execution of universities. It also aims to identify, in the Theory of Principles, the legal effects expected as a result of the application of this constitutional rule. In order to study and know the effective dimension of this autonomy, its historical and legislative evolution in Brazil was analyzed, until its consecration in the text of the Constitution and the models of constitutional interpretation that led to its categorization as a constitutional principle. Theoretical models and their most common effects were evaluated, with special emphasis on the autonomy of financial and patrimonial management. In Part II of the study, the decentralized public budget model of relatively autonomous entities and the possible funding sources of public universities were examined, as well as the normative power of these institutions. In part III, the theories that justify charging for higher education, the STF's jurisprudence on the subject and the models practiced in other countries were analyzed, with emphasis on the most common student loan models, especially the so-called ICL (Income Contingent Loan).