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Indirect access to higher education: decisions of state courts of justice

Abstract

This article analyzes legal decisions for entry into higher education, seeking to identify the majoritarian understanding of the courts of justice in Mato Grosso do Sul and Rio de Janeiro regarding demands based on the scores obtained by candidates in the Exame Nacional do Ensino Médio [National High School] - Enem. These state courts were chosen because they deal with most decisions on the subject. This research is both quantitative and qualitative. There was broad legal concession, with the use of arguments that contradict the rules on age limits for granting certification, as well as a disregard for the democratizing objectives of the act which is part of the policies of access to higher education for young people and adults. It is inferred that the courts have promoted an indirect way to access higher education.

Keywords:
Educational policies; Court of Justice; Access to Higher Education; ENEM

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