The right between tradition and the law: (un)constitutionality of law nº 5.540/68

(in)constitucionalidade da lei nº 5.540/68

Authors

  • Richard Peres Fernandes
  • Caroline Vencato Andreotti

Keywords:

Contemporary constitutionalism. Constitutional right. University Reform. Military dictatorship.

Abstract

Established a tradition in which the head of the executive branch appoints the winning candidate of the university consultations as the rector of the federal universities, after more than 30 years, a conflict arises from the literal application of Law No. 5,540 of 1968, which authorizes the President of the Republic to nominate, at his will, as rector any one of the candidates indicated on a triple list, even if in disagreement with the community of educational institutions In these terms, we sought to verify how many times and in which institutions the tradition has not been observed, since the beginning of the government until now, as well as to briefly discuss the debate about the legal possibility of the president's acts, or his unconstitutionality.

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Published

2021-01-27

How to Cite

FERNANDES, R. P.; ANDREOTTI, C. V. The right between tradition and the law: (un)constitutionality of law nº 5.540/68: (in)constitucionalidade da lei nº 5.540/68. Revista da Defensoria Pública do Estado do Rio Grande do Sul, Porto Alegre, n. 27, p. 362–382, 2021. Disponível em: https://revistadpers.emnuvens.com.br/defensoria/article/view/293. Acesso em: 14 nov. 2024.