Regulation of Higher Education: State Performance and the Measure of Attention to Public Interest

Authors

  • Rafael Arruda Furtado Ministry of Education

Keywords:

higher education, public interest, constitutional principles, equal access, quality assurance

Abstract

Purpose ”“ To verify whether the performance of the higher education regulatory bodies, from a recent historical perspective, was able to guarantee that public interest be perceived as a measure of compliance with the constitutional principles of equality of access, guarantee of quality standards and pluralism of ideas and pedagogical constructs, with the coexistence of public and private educational institutions.

Methodology/approach/design ”“ The present research is based on the theory of public interest of Mike Feintuck, which maintains that the instrumentalisation of the state should be based not only on economics but on other values, linked to constitutional principles.

Findings ”“ The performance of the higher education regulatory bodies, from a recent historical perspective, was not able to effectively guarantee the public interest.

Practical implications ”“ The paper measures how public interest is influences higher education regulatory bodies behavior in Brazil.

Originality/value ”“ The article addresses regulatory design in higher education in Brazil in light of constitutional principles.

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Author Biography

Rafael Arruda Furtado, Ministry of Education

Public Policy Specialist in Brazil's Ministry of Education.

References

BRASIL. Tribunal de Contas da União. Relatório de Auditoria: TC 011.884/2016-9. Relatora: ministra Ana Arraes. Publicado em 23/11/2016. Disponível em http://portal.tcu.gov.br/data/files/08/43/F7/B1/51B98510784389852A2818A8/011.884-2016-9%20_FIES_.pdf. Acessado em 28/11/2016.
BUCHANAN, James M.; TOLLISON, Robert D. (org.). The Theory of Public Choice-II. Ann Arbor: The University of Michigan Press, 2009. (Edição revisada do livro Theory of Public Choice, 1972).
CROLEY, Steven P. Regulation and Public Interests. Princeton: Princeton University Press, 2008, p. 1-25; 239-257; 304-306.
FEINTUCK, Mike. Regulatory Rationales Beyond the Economic: In Search of the Public Interest. In: BALDWIN, Robert; CAVE, Martin; LODGE, Martin (org.). The Oxford Handbook of Regulation. Oxford: Oxford University Press, 2010, p. 39-63.
FEINTUCK, Mike. The Holy Grail or Just Another Empty Vessel? The Public Interest in Regulation. Inaugural Lectures, University of Hull, UK, Monday 21st February, 2005.
HOPER EDUCAÇÃO. Análise Setorial da Educação Superior Privada ”“ Brasil 2016. Foz do Iguaçu: Hoper Educação, 2016.
STIGLITZ, Joseph E. Government Failure vs. Market Failure: Principles of Regulation. In: BALLEISEN, Edward; MOSS, David (ed.). Government and Markets: Toward a New Theory of Regulation. New York, NY: Cambridge University Press, 2009.
SUNSTEIN, Cass. After the Rights Revolution: Reconceiving the Regulatory State. Cambridge, MA: Harvard University Press, 1990.

Published

2017-05-15

How to Cite

FURTADO, Rafael Arruda. Regulation of Higher Education: State Performance and the Measure of Attention to Public Interest. Journal of Law and Regulation, [S. l.], v. 3, n. 1, p. 199–220, 2017. Disponível em: https://periodicos.unb.br/index.php/rdsr/article/view/19203. Acesso em: 19 jul. 2024.