The free education in the lato sensu education postgraduate courses in public universities and the interpreter role in the enforcement of the rule

Authors

  • Clovis Demarchi Universidade do Vale do itajaí - UNIVALI
  • Elisandra Riffel Cimadon Universidade do Vale do Itajaí

DOI:

https://doi.org/10.4013/rechtd.2017.93.10

Abstract

This article aims to reflect the role of the interpreter in the application of the norm, presenting as a starting point to the discussion of the free education in lato sensu post graduate courses in public universities. Based on the inductive method, an analysis was made of the judgment by the Federal Supreme Court on the principle of gratuitousness to all the teaching modalities offered by public institutions in the face of the gratuitousness principle set forth in art. 206, IV under the Constitution. The role of the Interpreter in the application of the norms goes beyond the Constitutional or legal text. It is not only to understand that the adequate answer is that which comes from what is written in the rule because the role of the Interpreter is to contribute to the Society’s compliance with the constitutional precepts, but also to make it a socially and fair order. The recognition by the STF of the possibility of collecting tuition fees in the lato sensu postgraduate courses brings the hope that perhaps the interpreter of the norms and the society itself have begun to understand that it is necessary to establish duties. That the status of a Society changes constantly, having to adapt norms and praxis, that the establishment of duties withdraws the Society from immobility and makes it turn its eyes to an Education as a culture, a way to promote effective and effective change in the reality and context.

Keywords: education, lato sensu postgraduate, gratuitousness.

Author Biographies

Clovis Demarchi, Universidade do Vale do itajaí - UNIVALI

Doutor em Ciência Jurídica pela Universidade do Vale do Itajai. Doutorado Sanduíche com a Universidade do Minho - Portugal. Professor titular do PPCJ da Universidade do Vale do Itajaí.

Elisandra Riffel Cimadon, Universidade do Vale do Itajaí

Doutoranda e Mestre em Ciência Jurídica do Programa de Pós-Graduação Stricto Sensu em Ciência Jurídica – PPCJ da Univali – Universidade do Vale do Itajaí.

Published

2017-11-28