Análise da justiça, constitucionalidade e efetividade da Política de Cotas no Enem: o estudo de caso da Faculdade de Direito da Universidade Federal do Ceará

Abstract

The Master’s dissertation entitled “Analysis of Justice, Constitutionality and effectiveness of ENEM’s quota policies: the case study of the Law’s Faculty of Federal University of Ceará” had the central objective foment debate about criteria used for the establishment of quotas for higher education’s acess at Public Universities from Brazil and check the benefited’s students socioeconomic profile on the quota's policy at Law’s Faculty of Federal University of Ceará. The actual model of quotas for Brazilian Public University’s access was instituted in 2012 by the Federal Law 12.711, which determines the reserve of 50% of the vacancies in Federal Universities and Federal Institutes for students who have fully studied high school in public schools. At least 50% of these vacancies are also reserved for students from families with a per capita family income equal to or less than 1.5 minimum salary. Lastly, reserved seats are filled, by course and shift, by self-declared blacks, pardos and natives, in a proportion at least equal to that verified in the last statistical census of the Federation Unit where the Institution of Education is installed. However, the dissertation proposed to demonstrate that the law is mistaken in evaluating the criterion "public school" as the most determinant for the failure of the candidates in a Broad Competition. Through the analysis and compilation of data regarding the results of Brazilian schools in the National High School Examination of 2015, released by the National Institute of Educational Studies and Research (INEP), it was verified that, on a scale of zero to one thousand, the average arithmetic of Brazilian public schools with a very low socioeconomic level was 177.23 points lower than those of a very high socioeconomic level. On the other hand, when considering private and public schools of the same socioeconomic level, the greatest variation found was only 70.54 points. On the final chapter, the results of field research with 549 of the 953 students enrolled in the Faculty of Law of the Federal University of Ceará and tickets between the years of 2012 and 2017. Through a questionnaire applied with 16 questions, it was sought to verify the socioeconomic and racial profile, the academic performance, as well as the main difficulties of the students through the analysis of such data by entrance lines (Lines of Quotas and Wide Competition). What happened was that the quota law, as it was instituted, allowed the construction of an academic environment plural and compatible with the reality in which it is inserted. However, it can be seen that in the Lines of Admission for Quotas where there is a limitation of maximum family income of 1.5 minimum wages per capita, the profile of the incoming students reflects a transforming potential to the university environment that is much higher than that of students admission through the Lines of Ticket for Quotas where there is no maximum income limit, since these students have a profile largely similar to that of tickets by wide competition. In addition, it was noticed that the Public Schools of High Socioeconomic Level, which have income similar to that of the best private schools of the Federative Unit yesterday are located, dominate a very significant number of places in the Law Course, especially in quotas without income limits. In the course of this work, this data resumes the debates about the efficiency and justice of public policy, proposed in the initial chapter, since the students from these schools need significantly smaller grades than those of the Broad Competition to succeed.