Notes about the Brazilian regulatory State action in the educational sector within the law courses: deadlocks and adjustments in the evaluation system as control technique

Abstract

Purpose ”“ This study aims to analyze the performance of the Brazilian state, especially from the 90s of the twentieth century, as regulatory body of the legal education sector, considering criticisms on the evaluation model that has been used and the understanding of authors about the history of the creation of legal courses in the country in the nineteenth century and its development until nowadays. It also includes debates about the autonomy of educational institutions and of the democratic and participative criteria in the evaluation processes.

Methodology/approach/design ”“ It applied the documentary research method, which consisted of qualitative analysis of legislation and of the regulatory norms of the Brazilian educational sector, as well as bibliographical review of the literature produced in the two decades of the twenty-first century on the subject, especially about the Regulatory State, which indicated the research theoretical framework.

Findings ”“ Brazil has adopted a regulatory model based on assessment, as evidenced by the regulations. The Brazilian Regulatory State faces deadlocks and adjustments in the evaluative system used as control technique as far as law courses are concerned. Several authors pinpoint the shortcomings of legal education. This article pursues innovative ways of addressing the requirements for courses and the evaluation processes in order to tackle tensions with the private sector, to ensure increased access to higher education, without neglecting the quality level of the courses, according to the principles laid down by the legal framework on the subject.