The regulation and the feasibility of a regulatory agency for higher education brazil

Abstract

Using the literature research method, this paper discusses the State’s role in regulating higher education in Brazil. Firstly, this study analyzes the Brazilian State ?s model, which was established by the Brazilian Federal Constitution of 1988; however, the adoption of independent regulatory agencies – a model imported from the United States of America – has not been entirely adopted by the Brazilian system. Sequentially, this research draws a panorama of Brazil ?s higher education; therefore, highlighting the prevalence of private economic agents acting within this sector. In conclusion, this paper examines the feasibility of establishing a regulatory agency and concludes that despite the unquestionable need for the regulation of Higher Education, the adoption of this model is not the solution or a viable working alternative. Despite that, compared to the relative failure of other agencies, which work is criticized because of its imprecise definition, the mismatch of private interests, and the constitutional powers of the other branches; the State should at least specify the regulatory agency ?s expectations and establish mechanisms that prevents failure. Therefore, it should be a means for more prudent work that helps in maintaining regulatory activity in the jurisdiction of the Ministry of Education.