Full text
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| Author(s): |
Denise Martins Moretti
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2013-04-01 |
| Examining board members: |
Nina Beatriz Stocco Ranieri;
Monica Herman Salem Caggiano;
António Pedro Pereira Nina Barbas Homem
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| Advisor: | Nina Beatriz Stocco Ranieri |
| Abstract | |
This Dissertation consists of a theoretical and empirical analysis of the offering of higher education by private for-profit institutions in Brazil, especially by institutions that are part of the Anhanguera Group, controlled by Anhanguera Educacional Participações S.A. (Anhanguera or Company), with the purpose of verifying if the private agent is able to offer education in accordance with the Brazilian constitutional rules and to what extent the economic logic is compatible or not with this human right. The theoretical analysis involved the study of (i) education as human right, public good and public service, examining (a) the right to education in human rights doctrine, (b) the constitutional rules concerning the right to education in Brazil and (c) the specificities of higher education, (ii) the historical and legal evolution of higher education in Brazil as from the 1988 Constitution, examining the evolution of legislation and public policies in this period and the impact of these measures for the growth of the private sector in Brazilian higher education, and approaching the process of professionalization and internationalization of the sector in the last decade, which had as landmark the going public of Anhanguera in 2007, and (iii) education as a service rendered through the performance of a corporate activity, examining the characteristics of the corporate activity, the business logic and the difficulties of the private agent in dealing with activities that produce social externalities. The empirical analysis involved the study of Anhangueras case, a publicly-held company listed on the Novo Mercado of BM&FBOVESPA, holding of an educational group that operates mainly in higher education. Anhanguera was the first Brazilian educational company to go public in BM&FBOVESPA and, on 12/31/2011, represented the second largest educational group in the world and largest in Brazil in terms of market value and number of students. The analysis of Anhangueras case was carried out through survey, selection and analysis of documents regarding the Company that were available for public access on websites of official bodies, and had the purpose of finding answers to a number of questions directly or indirectly related to the topics listed in items (i) to (iii) above and to the purpose of the Dissertation of analyzing the compatibility between economic logic and higher education from the study of this particular case. The researchs conclusion was that education, when subjected to economic logic, becomes a commodity that will be offered within a corporate structure, aiming to reduce costs and maximize profits for distribution to shareholders. In the case of Anhanguera, which turns itself to serve the middle and lower classes of the population, the result is a low quality higher education mass service oriented for technical education and rendered against the payment of reduced tuition fees. In this context, Anhanguera offers a limited education, which does not meet the normative content of the right to education. (AU) | |
| FAPESP's process: | 10/03236-7 - The compatibility between the economic logic and the human right to education in the private higher education institutions in Brazil |
| Grantee: | Denise Martins Moretti |
| Support Opportunities: | Scholarships in Brazil - Master |