TJPR declares unconstitutionality in provisions of the General Law of Universities; understand
According to the action, several articles of the LGU compromised the autonomy of state universities, contradicting the principles of the Federal and State Constitutions.
The Court of Justice of Paraná (TJ-PR) declared unconstitutional several provisions of the General Law of Universities (LGU), sanctioned in 2021. The decision was delivered on Monday (19) by the Special Body of the Court, on the basis of the Direct Action of Unconstitutionality (ADI 2933/2021), presented by state deputies of the opposition bench in the Legislative Assembly of Paraná (Aleppo), during the processing of the law.
The ADI was signed in November 2021, with the support of article 111 paragraph VII of the State Constitution, which allows a sixth of parliamentarians to propose this type of action. The request was signed by MEPs Arilson Chiorato (PT), Professor Lemos (PT), Requião Filho, Goura (PDT), Luciana Rafagnin (PT) and Tadeu Veneri — the latter currently a federal deputy.
According to the action, several articles of the LGU compromised the autonomy of state universities, contrary to the principles established by Constituição Federal and the State Constitution of Paraná. Among the points questioned are restrictions on budgetary control by institutions, impediments to hiring employees through public tenders, difficulties in paying the TIDE gratification (Full Time and Exclusive Dedication) and the possibility of closing courses without technical criteria or institutional debate.
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The TJ-PR considered that these devices violate articles 207 of the Constituição Federal and 180 of the State Constitution, which guarantee administrative, financial and academic autonomy to higher education institutions.
The decision has immediate effect and makes no legal validity of the excerpts of the LGU considered unconstitutional. The General Law of Universities has been criticized since its approval by teachers, students, technicians and managers, who pointed to risks to university autonomy.
With the understanding of the Court of Justice, any future legislation related to state higher education should respect the constitutional principles of university autonomy, democratic management and academic freedom.
*With information from the Legislative Assembly
