PROVISIONAL MEASURE # 147, OF December 15, 2003.

Institution the National System of Evaluation and Progress of Higher Education and has on the evaluation of higher education.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 62 of the Constitution, adopts the following Interim Measure, with force of law:

Art. 1º The National System for Evaluation and Progress of Higher Education is instituted, with the purpose of assessing institutional capacity, the process of teaching and producing knowledge, the learning process and the social responsibility of the valued higher education institutions.

Single Paragraph. The National Evaluation and Progress System of Higher Education will be developed in cooperation with state education systems.

Art. 2º The National System for Evaluation and Progress of Higher Education should ensure:

I-the public character of all evaluative processes and procedures ;

II-respect for the identity and diversity of courses and institutions of higher education ;

III-the participation of the student body, faculty and technician-administrative, as well as civil society, through its representations ; and

IV-the global and integrated analysis of the dimensions, structures, relationships, social commitment, activities, purposes and social responsibilities of the courses and higher education institutions.

Art. 3º The evaluation that it treats art. 1º of this Provisional Measure will be held by the Ministry of Education, in partnership with the National Institute of Educational Studies and Educational Research Anísio Teixeira-INEP.

Art. 4º Stay instituted, within the Ministry of Education and linked to the Cabinet of the Minister of State, the following Commissions:

I-National Assessment Guidance Commission-CONAV ; and

II-National Commission on Evaluation and Progress of Higher Education-CONAPES.

Art. 5º CONAV will establish the academic lines of the higher education evaluation, it is up to you:

I-analyze the needs for development and transformation of knowledge in the various areas ;

II-orial the assessment under the provisions of the National Plan of Education ;

III-diagnosing social demands on higher education ;

IV-develop constant interaction with the powers consisting, with civil society entities and with the third sector ;

V-hold seminars and encounters with state and municipal educational systems ;

VI-maintain permanent integration with CONAPES ;

VII-disseminate the results of the evaluations ;

VIII-elaborating its regiment, to be approved in act of the Minister of State for Education ; and

IX-hold common meetings every three months and, extraordinary, whenever convened by the Minister of State for Education.

Art. 6º CONAV shall be composed of seven members, indicated by the Minister of State for Education and appointed by the President of the Republic.

§ 1º The indication referred to in the caput should fall upon citizens with notorious scientific, philosophical and artistic knowledge and who present important social insertion.

§ 2º The nominees should still represent the organised civil society and the following segments of the higher education institutions:

I-faculty ;

II-student body dislower ; and

III-administrative technical body.

§ 3º The President of CONAV will be chosen from the designated members and will exercise the mandate for one year.

§ 4º The remaining members of CONAV will be given three-year term, except the representatives of the student body, who will have two years' tenure.

§ 5º It is authorized a single reconduct only for the President of CONAV.

§ 6º Higher education institutions should open up students' outlines that, due to the designation that it treats the caput, have participated in meetings of CONAV in time coincidental with the activities academics.

Art. 7º CONAPES shall deliberate on the criteria, methods of evaluation and evaluation procedures of the National Assessment and Progress System of Higher Education, by which it is recommended:

I-propose and evaluate the dynamics, procedures and mechanisms of the institutional evaluation of courses ;

II-organize and appoint evaluation committees, analyse reports, draw up opinions and refer recommendations to the competent authorities ;

III-formulating proposals for the development of the higher education institutions, based on the analyses and recommendations produced in the evaluation processes ;

IV-articulate with the state educational systems, aiming to establish common actions and criteria for evaluation and supervision of higher education ;

V-draw up its regiment, to be approved in act of the Minister of State for Education ; and

VI-hold common meetings every three months and, extraordinary, whenever convened by the Minister of State for Education.

Art. 8º CONAPES will be composed of seven members, designated by the Minister of State for Education, on the following compliance:

I-the President of INEP, who will chair it ;

II-two representatives of INEP ;

III-a representative of the Coordinating Coordination Foundation for Higher Level Personnel-CAPES ; and

IV-three representatives of the Ministry of Education.

Art. 9º The members of CONAV and CONAPES who exercise public office or functions will have their absences abated, making jus, when convened by their respective Commissions, transport and daily.

Single Paragraph. CONAV and CONAPES will be deployed within two months of the date of publication of this Provisional Measure.

Art. 10. The Minister of State for Education will regulate the evaluation procedures of the National Evaluation and Progress System of Higher Education.

Art. 11. The Ministry of Education will make public and available the outcome of the evaluation of the courses of higher education institutions.

Single Paragraph. The result to which you refer to the caput will be gathered at the following levels:

I-satisfactory institutional quality ;

II-regular institutional quality ; and

III-unsatisfactory institutional quality.

Art. 12. The results considered unsatisfactory or regular will cover the conclusion of a conduct adjustment pact, to be struck between the higher education institution and the Ministry of Education, which is expected to contain:

I-the objective diagnosis of the conditions of the institution ;

II-the forwarders, processes and actions to be adopted by the higher education institutions with a view to overcoming the difficulties detected ;

III-the indication of deadlines and targets for compliance with actions, expressly defined, and the characterization of the respective responsibilities of the leaders ; and

IV-the creation, by the higher education institution, of the follow-up commission of the adjustment pact.

§ 1º The pact referred to in the caput shall be public and available to all interested parties.

§ 2º The discompliance of the Conduct Adjustment Pact, in whole or in part, will be able to cover the application of the following penalties:

I-temporary suspension of the operation permit of the establishment of higher education or the respective higher education course ; or

II-cassation of the operation permit of the establishment of higher education or recognition of the respective higher education course.

§ 3º The penalties provided for in this article may be applied by CONAPES, in an administrative process of their own, by staying assured of the right of broad defence and the adversarial.

§ 4º From the decision referred to in § 3º shall be a hierarchical resource addressed to the Minister of State for Education

§ 5º The term of suspension of the operation permit of the higher education establishment or the respective higher education course will be set in portion of the Minister of State of Education.

§ 6º The discompliance, total or partial, of the terms contained in the adjustment pact of conduct with public institutions of higher education will cover the application of the warning penalty, suspension or loss of mandate of the leader in charge of the unexecuted action.

Art. 13. Higher education institutions, either public or private, are required to constitute Evaluation-CPA Commission, within ninety days, from the publication of this Provisional Measure.

§ 1º CPA shall hold responsibility for the conduct of the internal evaluation processes of the institutions, the systematization and the provision of the information requested by CONAPES.

§ 2º CPA should be constituted in act of the top leader of the higher education institution, or by prediction in his or her own status or regiment.

§ 3º The CPA will have autonomous acting in relation to councils and other existing collegiate bodies in higher education institutions.

§ 4º In the composition of the CPA, the participation of all segments of the university community and organised civil society will be observed, the commission institution being vetoed that privileges the absolute majority of one of the segments.

Art. 14. Those responsible for the provision of false information or the fulfillment of forms and evaluation reports that involve omission or data distortion to be provided to the National System of Assessment and Progress of Higher Education will respond civil, criminal and administratively by these conducts.

Art. 15. This Provisional Measure comes into force on the date of its publication.

Art. 16. They repeal paragraph 2º ('a') of the art. 9º of Law No. 4,024 of December 20, 1961 and the arts. 3º and 4º of Law No. 9,131 of November 24, 1995.

Brasilia, December 15, 2003 ; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Cristovam Ricardo Cavalcanti Buarque