The revalidation of foreign degree in jurisprudence from the Supreme Court

Annually , several foreign professionals or trained in Brazilian universities abroad try to get the regularization of their foreign degree , a fundamental step to practice in the country.



The revalidation of diplomas issued by foreign universities was established by the Law of Guidelines and Bases of National Education ( LDB ) and must be made ​​by Brazilian public universities . To approve the diplomas , national institutions must have in your grade level and courses in the same area that attended abroad.



more Doctors



The issue of reinstatement of foreign diploma was again widely discussed after the release , by the Federal Government , the Program More Doctors ( Provisional Measure 621/13 ) . In addition to predicting a greater investment in infrastructure, one of the guidelines is to bring more doctors to places where there are few professionals .



With the low number of doctors in Brazil and the lack of interest in working in the most deprived areas , the program planned changes in medical education in Brazil . More jobs graduation , new residency programs and the creation of the 2nd cycle - that puts students to work in direct contact with citizens - are the main measures , but would take time to be implemented .



Was just thinking that this delay was defined step most controversial of the entire program : hiring foreign doctors . While favoring the Brazilian physicians trained in the country or diploma revalidated , the program provides for the hiring of overseas trained Brazilians and foreigners without requiring them to go through revalidation diploma .



Any physician trained in countries with more than 1800 doctors per thousand population and recognized institutions may enroll and participate in the program for three years, renewable for another three . They will receive a provisional registration of the Regional Council of Medicine , with validity limited to the doctor's residence in the design and valid only for a specified region .



revalidate



The process of recognition of diplomas in medical courses were problematic since the enactment of the LDB . As the cases were frequent , some measures taken by the Government to try to rectify and standardize the question , as the National Examination for Medical Revalidation of Diplomas , the revalidate , organized by the National Institute for Educational Studies Teixeira ( INEP ) , based the Ministerial Decree 865 / 09 .



Created in 2011 , a partnership between the Ministries of Health and Education , the exam has two parts: written assessment - with objective evidence and other discursive - and assessment of clinical skills , but does not address all the issues .



In October 2012, the Second Chamber ruled REsp 1,289,001 in which the application for revalidation , which has a term of six months to complete, was done and was left without an answer precisely because of the creation of revalidation , pending the first test .



The first instance determined via injunction , that a proof , similar to the previous national survey , was developed by the Federal University of Santa Catarina . The Minister Eliana Calmon , rapporteur of the resource in the STJ , upheld the decision by recognizing that the TRF- 4 followed what was stated in the law . Issues relating to ministerial could not be analyzed because it is not federal law or treaty .



revalidation general



Although the controversy has arisen because of a program that affect the medical profession , revalidation diploma is mandatory for any area of knowledge . It guarantees to foreign professional or trained abroad the opportunity to exercise their profession in Brazil indefinitely and without region limitation . Ie who restores to a degree , have full right to work anywhere .



The issue has already yielded many actions in court and resources in the Superior Court of Justice ( STJ ) . The methodology used by universities for revalidation , diplomas prior to BDL , completed courses in participating countries of Mercosur and professional situations created by procedural instruments were debated in the courts of the country .



repetitious



The number of Deeds is so high that the issue came to be discussed as a resource in repetitive STJ when similar processes are suspended until the matter is set.



In REsp 1,349,445 , the Foundation University of Mato Grosso questioned the judgment of the Federal Regional Court of the 3rd Region ( TRF- 3 ) ​​. According to the collegiate regional universities is not possible to fix revalidation procedures not covered by Resolutions 1 and 8 of the National Education Council , as the selection process determined by the education institution itself .



However , for the Superior Court judges , there is nothing in the LDB banning the procedure adopted by the university , as it has autonomy and can lay down rules as it deems necessary for the revalidation process of law.



The minister Mauro Campbell , the selection process is legal because " stems from the need to adapt the procedures of the educational institution for compliance with the standard , since, otherwise , would not have a university position to verify the technical capacity of professional and their training , subject to the social responsibility that involves the act . "



previous Orders



If the mandatory revalidation was established by LDB , diplomas prior to the enactment of the law should follow what was determined by the laws in force until then. The issue was discussed by the Second Class in March this year , in REsp 1261341 , reported by Minister Humberto Martins . In the process , the University of São Paulo tried to reverse the registration of diploma a student graduated from the University of Havana .



In the case , the course would have been completed in 1994 , two years before the enactment of the LDB and during the term of the Regional Convention on the Recognition of Studies , Diplomas and Titles of Higher Education in Latin America and the Caribbean , 1977 . Whereas the presidential decree authorizing immediate recognition , ministers understood that the revalidation process would be dismissed.



The convention was mentioned in other processes , such as Resp 1,314,054 , but its possibility was ruled out . The author asked , besides the automatic revalidation , registration on the advice of the professional class . As the course was completed in Bolivia in 2008 , as would fit in the LDB .



Other international agreements that would guarantee automatic revalidation to graduate students in the partner countries also went through the sessions of the STJ . This is the case of the Cultural Agreement between Brazil and Chile ( REsp 1,284,273 ) , for graduate students before the LDB , and Listing Agreement of University Degrees and Titles for Fiscal Year Academic Activities in Member States of Mercosur , which has only validity for the courses recognized by regulatory agencies in your country ( REsp 1280233 ) .



Preliminary injunction



In another case examined by the Court ( REsp 1,333,588 ) , the TRF- 4 , although he acknowledged the need for revalidation of a professional degree , waived the legal requirement for it already practicing the profession for more than six years , under a preliminary injunction .



The decision was reformed in STJ . To the ministers of the Second Class, you can not apply the theory of fait accompli in situations where there is the fact of remedies under the precarious nature as injunction anticipation effect of guardianship . According to the decision , there is no consolidated situation by lapse of time , as this would allow many illegal situations .



Related processes : REsp 1289001 , 1349445 REsp , REsp 1261341 , 1314054 REsp , REsp 1284273 , 1280233 and Resp Resp 1333588



Source : Superior Court of Justice