Unifap suspends registrations of candidates approved in the selection process – News of Brazil
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The federal judge José Amilcar Machado, President of the Federal Regional Court of the 1st Region (TRF1), granted request from the Federal Public Defender’s Office (DPU) to suspend preliminary decisions handed down by the Federal Court in Amapá regarding the result of the Selection Process at the Federal University of Amapá (Unifap). There are two writs of mandamus pending in the 2nd and 6th Federal Courts of the Judiciary Section of Amapá, respectively, both issued with identical grounds.
In view of the decision of the Federal Regional Court, the Federal University of Amapá informed, this Tuesday (2), the registrations of candidates approved in OS Unifap 2024, scheduled for April 2nd to 4th, are suspended, and a new deadline will be established and disseminated to candidates.
The legal actions have to do with Federal Law 12,711/2012, which provides for admission to federal universities and federal secondary-level technical education institutions. It establishes, in article 1, that federal higher education institutions linked to the Ministry of Education will reserve, in each selective competition for admission to undergraduate courses, per course and shift, at least 50% (fifty percent) of their places for students who have completed high school in public schools.
“(…) It appears that Federal Law determines that at least 50% of vacancies in undergraduate courses at federal higher education institutions are intended exclusively for students who have completed high school in public schools who are black, mixed race, indigenous people or people with disabilities in the population of the Federation unit where the institution is located. By establishing a “minimum of 50%”, the law asserts that no less than 50% of places must be reserved for quota students. In this way, a double guarantee is created, the first being for the shareholder group, that they will have reserved the minimum percentage; and the second for the non-quota group, for which a place will be guaranteed. Therefore, in the event of only three vacancies opening for competition, a minimum of two must be reserved for quotas (which would be equivalent to 66.6%); but in the event that there are 10 vacancies, the minimum of five must be observed for quotas (50%), and the educational institution (Unifap) cannot reserve six (60%), due to an offense against the express guarantee provided by law for broad competition ”the public defender of the Union Anginaldo Oliveira Vieira.
According to the DPU, reserving 75% of places for a group violates the double guarantee of “at least 50%” of the quota law, as well as not being a reasonable criterion to justify affirmative action and the relaxation of the principle of equality. access to higher education. This is because there is excessive restriction on the entry of students not covered by the quota, which imposes a disproportionate obstacle to access, in addition to reducing the pluralism of the university’s student body, practically restricting it to those covered.
The preliminary decisions questioned prohibited the publication of the results of the 2024 Unifap entrance exam, adopting the reservation of 75% of places for students who attended full secondary education in the public network, determining that the requested authority adopt the percentage of 50%. On the afternoon of March 15, 2024, Unifap released the results of the selection process, creating serious legal uncertainty due to its reliance on precarious judicial decisions that imply the invalidation of a public policy approved by the National Congress in review of Law 12,711 , 2012.” In the end, the DPU requested the granting of relief to suspend the injunctions granted in Writs of Mandamus 1002638-93.2024.4.01.3100 and 1001493-02.2024.4.01.3100, pending in the 2nd and 6th Federal Courts of the Judiciary Section of Amapá, respectively.
The federal judge said he had verified that, in fact, the court decision, by suspending Unifap’s Notice 01/2024 and preventing the institution from publishing the final results of the entrance exam, imposes a serious disturbance on public order, as it indefinitely paralyzes the process of admission of students to university, harming the school calendar, and harming the right of access to higher education.
The 1st degree judge understood that it was possible for the Judiciary to interfere in administrative merit by replacing the percentage of places reserved for quota holders defined by the University, which was based on a study that demonstrated that 92% of high school students are enrolled in the public school system. teaching in the state of Amapá in the year 2023, by its own, limiting to 50% of the total vacancies, contrary to the express guidance of Law 12,711/2012 which recommends that “at least 50% (fifty percent) of its vacancies for students who have completed high school in public schools”.
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