DECREE NO. 5,773, OF May 9, 2006.

Disposes on the exercise of the functions of regulation, supervision and evaluation of higher education institutions and higher undergraduate and sequential courses in the federal education system.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives him the art. 84, inciso IV, of the Constitution, and with a view to the provisions of the arts. 9º, incisments VI, VIII and IX, and 46, of Law No. 9,394 of December 20, 1996, in Law No. 9,784 of January 29, 1999, and in Law No. 10,861 of April 14, 2004, and,

DECRETA:

CHAPTER I

DA EDUCATION SUPERIOR IN THE FEDERAL SYSTEM OF EDUCATION

Art. 1º This Decree has on the exercise of the functions of regulation, supervision and evaluation of higher education institutions and higher undergraduate and sequential courses in the federal education system.

§ 1º The regulation will be carried out by means of authorative administrative acts of the functioning of higher education institutions and undergraduate and sequential courses.

§ 2º The supervision will be carried out in order to ensure compliance of the offer of education higher in the federal education system with applicable legislation.

§ 3º The evaluation carried out by the National System of Higher Education Evaluation- SINAES will constitute basic referential for the processes of regulation and supervision of higher education in order to promote the improvement of its quality.

Art. 2º The federal system of higher education comprises federal institutions of higher education, the higher education institutions created and maintained by the private initiative and the federal higher education bodies.

Art. 3º The competencies for the functions of regulation, supervision and evaluation will be exercised by the Ministry of Education, by the National Board of Education-CNE, by the National Institute for Educational Studies and Educational Research Anthem Teixeira-INEP, and by the National Higher Education Assessment Commission-CONAES, in the form of this Decree.

Single paragraph. The competencies provided for in this Decree will be exercised without prejudice to those provided for in the regimental structure of the Ministry of Education and INEP, as well as in the remaining applicable standards.

Art. 4º To the Minister of State for Education, as the ultimate authority of education superior in the federal education system, compete, with respect to the functions disciplined by this Decree:

I-homologate deliberations of the CNE in applications for accreditation and re-enactment of higher education institutions;

II-homologation of the evaluation instruments elaborated by INEP;

III-homologation of the opinions of CONAES;

IV-homologating opinions and proposals of normative acts approved by the CNE; and

V-exasking standards and instructions for the execution of laws, decrees and regulations.

Art. 5º With regard to the subject matter of this Decree, it competes with the Ministry of Education, through its Secretaries, exercise the functions of regulation and supervision of higher education, in their respective areas of acting.

§ 1º Within the framework of the Ministry of Education, in addition to the Minister of State for Education, will perform the functions governed by this Decree the Higher Education Bureau, the Secretariat of Professional and Technological Education and the Registry of Education the Distance, in the implementation of their respective competences.

§ 2º To the Higher Education Bureau competes especially:

I-instruct and exarar opinion in the processes of accreditation and re-enactment of higher education institutions, promoting the necessary representations;

II-instruct and decide the processes of authorization, recognition and renewal of recognition of undergraduate and sequential courses, promoting the necessary representations;

III-propose to the CNE guidelines for the elaboration, by the INEP, of the evaluation instruments for accreditation of institutions;

IV-establish guidelines for the elaboration, by the INEP, of the evaluation instruments for authorization of courses of graduation and sequential;

V-approve the evaluation instruments for authorization of courses of graduation and sequential, elaborated by the INEP, and subject them to homologation by the Minister of State for Education;

VI-exercise supervision of higher education institutions and undergraduate courses, except technological, and sequential;

VII-celebrate compromise protocols, in the form of the arts. 60 and 61; and

VIII-apply the penalties provided for in the legislation, in accordance with the provisions of in Chapter III of this Decree.

§ 3º To The Registry of Professional and Technological Education competes especially:

I-instruct and exarize opinion in the accreditation and recentencing processes of institutions of higher technological education, promoting the necessary representations;

II-instruct and decide the processes of authorization, recognition and renewal of recognition of superior courses of technology, promoting the necessary representations;

III-propose to the CNE guidelines for the elaboration, by the INEP, of the evaluation instruments for accreditation of technological higher education institutions;

IV-establish guidelines for the elaboration, by the INEP, of the evaluation instruments for authorization of higher technology courses;

V-approve the evaluation instruments for authorization of higher technology courses, drawn up by INEP, and subject them to type-approval by the Minister of State for Education;

VI-elaboration catalogue of higher technology course denominations, for recognition and renewal effect of recognition of superior technology courses;

VII-appreciate applications for inclusion and propose to the CNE the exclusion of higher course denominations of technology from the catalogue of which it treats inciso VI;

VIII-exercise the supervision of institutions of higher technological education and higher technology courses;

IX- celebrate commitment protocols, in the form of the arts. 60 and 61; and

X-apply the penalties provided for in the legislation, in accordance with the provisions of the Chapter III of this Decree.

§ 4º To the Registry of Education the Distance competes especially:

I-exarar opinion on the requests for accreditation and re-enactment of specific institutions for offer of higher education from distance, with regard to the technologies and processes of the distance education themselves;

II-exarar opinion on applications for authorization, recognition and renewal of recognition of distance education courses, with regard to technologies and processes own from distance education;

III-propose to the CNE, sharing with the Registry of Higher Education and the Office of Professional and Technological Education, guidelines for the elaboration, by the INEP, of the evaluation instruments for accreditation of specific institutions for provision of higher education supply distance;

IV-establish guidelines, sharing with the Office of Higher Education and the Registry of Professional and Technological Education, for the elaboration, by the INEP, of the evaluation instruments for authorization of upper courses the distance; and

V-exercise, sharing, sharing with the Board of Higher Education and the Secretariat of Professional and Technological Education, the supervision of the undergraduate and sequential courses a distance, as far as your area of acting is concerned.

Art. 6º As far as the subject matter of this Decree is concerned, it competes with the CNE:

I-exercise normative, deliberative and advising assignments of the Minister of State of the Education;

II-deliberating, on the basis of the opinion of the competent Registry, noted the willing in the art. 4º, inciso I, on requests for accreditation and re-enactment of higher and specific education institutions for the provision of higher education courses in distance;

III-recommend, by its Chamber of Higher Education, arrangements of the Secretaries, among which the celebration of compromise protocol, when not satisfied the specific quality standard for accreditation and re-enactment of universities, university centers and faculties;

IV-deliberating on the guidelines proposed by the Secretaries for the elaboration, by the INEP, of the instruments of assessment for accreditation of institutions;

V-approve the evaluation instruments for accreditation of institutions, drawn up by INEP;

VI-deliberating, by your Chamber of Higher education, on the exclusion of superior course denomination of technology from the catalogue of which it treats art. 5º, § 3º, incisus VII;

VII-apply the penalties provided for in Chapter IV of this Decree;

VIII-judging resources, in the hypotheses laid down in this Decree;

IX-analyzing questions regarding the application of higher education legislation; and

X-orienting on the missing cases in the application of this Decree, heard the legal consulting body of the Ministry of Education.

Art. 7º As far as the subject matter of this Decree is concerned, it competes with INEP:

I-carry out visits for on-the-spot assessment in the accreditation and recentencing processes of higher education institutions and in the processes of authorization, recognition and renewal of recognition of undergraduate and sequential courses;

II-carry out the necessary representations to the verification of the operating conditions of institutions and courses, as a subsidy for the opinion of the competent Registry, when requested;

III-carry out the evaluation of the institutions, courses and performance of the students;

IV-draw up the evaluation instruments as per the guidelines of the CONAES;

V-draw up the evaluation instruments for accreditation of institutions and authorization of courses, as per the guidelines of the CNE and the Secretaries, as the case may be; and

VI-constitute and maintain public bank of specialized evaluators, as per the guidelines of the CONAES.

Art. 8º With regard to the subject matter of this Decree, it competes with the CONAES:

I-coordinate and supervise the SINAES;

II-establish guidelines for the elaboration, by the INEP, of the instruments for evaluation of undergraduate and internal and external evaluation courses of institutions;

III-establish guidelines for the constitution and maintenance of the public bank of specialized evaluators;

IV-approve the evaluation instruments referred to in the inciso II and subject them to homologation by the Minister of State of Education;

V-submit to the approval of the Minister of State for Education the relation of the courses for application of the National Student Performance Examination-ENADE;

VI-evaluate annually the dynamics, procedures and mechanisms of the institutional evaluation, courses and performance of the SINAES students;

VII-establish guidelines for organization and assignment of evaluation commissions, analyze reports, draw up opinions, and forward recommendations to the instances competent;

VIII-have access to data, processes and results of the evaluation; and

IX-submit annually, for the purposes of publication by the Ministry of Education, report with the global results of the SINAES evaluation.

CHAPTER II

DA REGULATION

Section I

Dos Atos Authorizes

Art. 9º Higher education is free to private initiative, observed the general standards of national education and upon authorization and quality assessment by the Public Power.

Art. 10. The functioning of higher education institution and the higher course offering depend on the authoring act of the Public Power, pursuant to this Decree.

§ 1º Are modalities of authoring acts the administrative acts of accreditation and re-enactment of higher education and authorization institutions, recognition and renewal of recognition of superior courses, as well as their respective modifications.

§ 2º The authorative acts set the limits of the acting of public and private actors in higher education matters.

§ 3º The authorization and recognition of courses, as well as the accreditation of higher education institutions, will have limited deadlines, being renewed, periodically, after regular evaluation process, pursuant to the Act no 10,861, of April 14, 2004.

§ 4º Any modification in the form of acting of the agents of higher education after the dispatch of the authoritative act, concerning the mantenedora, the geographical comprehensiveness of the activities, habilitations, vacancies, offer address of the courses or any other relevant element for the exercise of the educational functions, depends on modification of the originating authorised act, which will process in the form of an addition request.

§ 5º Havendo divergence between the authorative act and any statement document of the process, the authorative act shall prevail.

§ 6º The deadlines tell you of the publication of the authorative act.

§ 7º The authorative acts are valid until sixty days after the communication of the result of the evaluation by the INEP, observed the provisions of the art. 70.

§ 8º The protocol of the application for the recentment of higher education institution, of recognition and renewal of higher course recognition extend the validity of the authorizing act by the maximum term of one year.

§ 9º All the administrative processes provided for in this Decree will observe the provisions of the Law no 9,784, January 29, 1999.

Art. 11. The operation of higher education institution or the higher course offer without the due act authorizes administrative wrongdoing, pursuant to this Decree, without prejudice to the effects of civil and criminal law.

§ 1º In the absence of any of the authorative acts required pursuant to this Decree, is vetted the admission of new students by the institution, applying the punitive and remedial measures.

§ 2º The institution that offers course before due authorization, when required, will have overstated the ongoing authorization and accreditation processes, by the deadline in the single paragraph of the art. 68.

§ 3º The Ministry of Education will determine, motivatedly, as a cautionary measure, the preventive suspension of the admission of new students to irregular courses and institutions, aiming to prevent injury to new students.

§ 4º In the hypothesis of § 3º, it shall be administrative recourse to the CNE, within thirty days, without suspensive effect.

Section II

From Credentiment and Higher Education Institution's Recreation

Subsection I

Das General Provisions

Art. 12. Higher education institutions, according to their organization and their respective academic prerogatives, will be accredited as:

I-faculties;

II -university centres; and

III-universities.

Art. 13. The commencement of the operation of higher education institution is conditional on the prior edition of accreditation act by the Ministry of Education.

§ 1º The institution will be accredited originally as faculty.

§ 2º The accreditation as a university or university centre, with the consequent prerogatives of autonomy, depends on the specific accreditation of institution already accredited, in regular functioning and with satisfactory standard of quality.

§ 3º The dismissal of the application for accreditation as a university or centre university does not prevent subsidiary accreditation as a university center or faculty, met the requirements set out in law.

§ 4º The first accreditation will have a maximum term of three years, for colleges and centres university, and from five years, to universities.

Art. 14. They are phases of the accreditation process:

I-protocol of the application with the Registry competent, instructed as arranged in the arts. 15 and 16;

II-documentary analysis by the competent Registry;

III-assessment in loco by the INEP;

IV-opinion of the competent Registry;

V-deliberation by the CNE; and

VI-homologation of the opinion of the CNE by the Minister of State for Education.

Art. 15. The application for accreditation should be instructed with the following documents:

I-da mantenedora:

a) constitutive acts, duly registered in the competent body, which attest to its existence and legal capacity, in the form of civil legislation;

b) voucher of enrollment in the National Cadastro of Legal People of the Ministry of Finance-CNPJ/MF;

c) voucher for enrolment in the state and municipal taxpayer cadasters, when it is the case;

d) certifying tax regularity before the Federal, State and Municipal Farms;

and) regularity certificates concerning Social Security and the Service-Time Guarantee Fund-FGTS;

f) demonstration of heritage to maintain the institution;

g) for the non-profit entities, demonstration of application of their financial surpluses for the purposes of the institution held; not remuneration or granting of perks or benefits to its institutors, leaders, partners, advisors, or equivalents and, in the event of closure of its activities, the targeting of its estate to another institution congenial or to the Public Power, by promoting, if necessary, the corresponding statutory change; and

h) for the for-profit entities, presentation of financial statements attested by competent professionals;

II-from institution of higher education:

a) voucher for collecting the in-the-spot assessment rate, provided for in the Act no 10,870, of May 19, 2004;

b) institutional development plan;

c) regiment or status; and

d) identification of the governing body's members, highlighting the academic and administrative experience of each.

Art. 16. The institutional development plan should contain at least the following elements:

I-mission, goals and goals of the institution, in its area of acting, as well as its history of deployment and development, if it is the case;

II-pedagogical project of the institution;

III-timeline of implantation and development of the institution and of each of its courses, specifying to opening schedule of courses, increase in vacancies, extension of physical facilities and, where appropriate, the opening prediction of the courses outside of headquarters;

IV-educational-pedagogical organization of the institution, with the indication of number of classes planned per course, number of pupils per class, places and shifts of operation and possible innovations considered significant, especially as to the flexibility of the curriculum components, differentiated opportunities of course integralization, practical activities and internships, development of teaching materials and incorporation of technological advancements;

V-profile of the faculty, indicating requirements of titration, experience in the superior magister and non-academic professional experience, as well as the selection and contraction criteria, the existence of a career plan, the working regime and the procedures for eventual replacement of the teachers of the framework;

VI-administrative organization of the institution, identifying the forms of the participation of teachers and pupils in the collegiated bodies responsible for conducting academic affairs and the procedures of institutional self-assessment and student care;

VII-physical infrastructure and scholarly facilities, specifying:

a) with respect to the library: acquis of books, academic and scientific journals and magazine subscriptions and journals, classical works, dictionaries and encyclopedias, forms of updating and expansion, identified their pedagogical correlation with the planned courses and programs; videos, DVD, CD, CD-ROMS and electronic signatures; physical space for studies and operating time, administrative technical staff and services offered;

b) with relation to the laboratories: existing facilities and equipment and to be acquired, identifying their pedagogical correlation with the planned courses and programs, the available informatics resources, information concerningto the relationship equipment / schooling; and description of technological innovations considered significant; and

c) plan to promote accessibility and priority care, immediate and differentiated to persons with special educational needs or with reduced mobility, for use, with safety and autonomy, total or assisted, of the spaces, securities and urban equipment, of the buildings, transport services; of the devices, systems and media and information, translator services and interpreter of the Brazilian Language of Signs-POUNDS;

VIII-offer of distance education, its comprehension, and presential support poles;

IX-offer of courses and master's and doctoral programs; and

X-demonstrator of financial capacity and sustainability.

Art. 17. The Bureau of Higher Education or the Office of Professional and Technological Education, as the case may be, will receive the protocoled documents and give impetus to the process.

§ 1º The competent Office shall conduct the examination of the documents under the aspects of formal regularity and merit of the application.

§ 2º The Registry, after documentary analysis, will forward the process to INEP for assessment in loco.

§ 3º The Registry will be able to carry out the necessary representations to the full statement of the process, aiming to subsidize the final deliberation of the competent authorities.

§ 4º The Registry would request advice from the Office of Education the Distance, when it is the case, and, at the end, having as a basic reference the evaluation report of INEP, will issue opinion.

Art. 18. The process will be forwarded to the CNE, for deliberation, in single act, motivatedly, on the compliance of the statute or the regiment with the applicable legislation, the regularity of the instruction and the merit of the application.

Single paragraph. From the decision of the CNE will fit administrative appeal, in the form of its internal regiment.

Art. 19. The process will be restituted to the competent Registry, who will refer you to the Minister of State for Education for homologation of the CNE's opinion.

Single paragraph. The Minister of State for Education will be able to refund the proceedings to the CNE for re-examination, motivatedly.

Subsection II

From Recredencing

Art. 20. The institution should protocol request for re-enactment at the end of each evaluative cycle of the SINAES to the competent Registry, duly instructed, within the time limit set out in § 7º of the art. 10.

Art. 21. The higher education institution's application for recounting should be instructed with the following documents:

I-as for the mantenedora, the documents referred to in art. 15, inciso I; and

II-as to the institution of higher education, the updating of the institutional development plan, the regiment or status and the information regarding the governing body, with emphasis on the changes that occurred after the accreditation.

Art. 22. The deferral of the recentment application is conditional on the demonstration of the regular functioning of the institution and will have as a basic benchmark the evaluation processes of SINAES.

§ 1º The competent Office will consider, for purposes regulations, the last assessment report available at SINAES.

§ 2º Case consider necessary, the Registry will request the INEP realisation of new assessment in loco.

Art. 23. The unsatisfactory result of the SINAES evaluation enact the celebration of compromise protocol, in the form of the arts. 60 and 61 of this Decree.

Single paragraph. Expiry of the commitment protocol deadline without satisfactory fulfilment of the targets set out therein, will be instituted administrative proceedings, in the form of the art. 63, inciso II, getting suspended for the stepping up of the application for recouncement until the closure of the proceedings.

Subsection III

From Course Credentiation or Campus Outside

Art. 24. Universities will be able to apply for course accreditation or off-seat campus in Municipality divers from the geographical comprehension of the accreditation act, provided that in the same State.

§ 1º The out-of-headquarters course or campus will integrate the set of the university and will not enjoy prerogatives of autonomy.

§ 2º The application for course accreditation or out-of-headquarters campus it will process as an addition to the accreditation act, applying, in what couber, the procedural provisions governing the application for accreditation.

Subsection IV

From Mantenca's Transfer

Art. 25. The amendment of the manteness of any higher education institution must be submitted to the Ministry of Education.

§ 1º The new maintainer must present the referred documents in the art. 15, inciso I, of this Decree.

§ 2º The application will tramway in the form of addition to the act of accreditation or re-accreditation of the institution, subjecting itself to the specific deliberation of the competent authorities.

§ 3º It is vetted the transfer of courses or programs between mantenedoras.

§ 4º Will not admit the transfer of mantença in favor of postulant that, directly or by any entity maintained, has received penalties, in higher education, in the face of the federal education system, in the last five years.

Subsection V

From the Specific Credentiment to Distance Education Offer

Art. 26. The offer of distance education is subject to specific accreditation, in the terms of own regulation.

§ 1º The application will observe the requirements pertinent to the accreditation of institutions and will be instructed by the Registry of Higher Education or the Office of Professional and Technological Education, as the case may be, with the collaboration of the Registry of Education the Distance.

§ 2º The application for accreditation of educational institution top for distance education offer should be instructed with the voucher of the pick-up of the in-spot assessment fee and documents referred to in specific regulation.

§ 3º Applied, in what couber, the provisions governing the accreditation and the re-enactment of higher education institutions.

Section III

From Authorization, Acknowledgment, and Upper Course Recognition Renewal

Subsection I

From Authorization

Art. 27. The offer of higher courses in faculty or an equiped institution, pursuant to this Decree, depends on permission from the Ministry of Education.

§ 1º The willing in this Subsection applies to the courses of graduation and sequential.

§ 2º The courses and programmes offered by institutions of scientific and technological research submit to the willing in this Decree.

Art. 28. Universities and university centres, within the limits of their autonomy, observed the provisions of § § 2º and 3º of this article, independent of authorization for higher course operation, and shall inform the competent Registry of the open courses for purposes of supervision, evaluation and further recognition, within sixty days.

§ 1º Applies the willing in the caput to new classes, courses congeners and every alteration that imports increase in the number of students from the institution or modification of the conditions set out in the accreditation act.

§ 2º The creation of undergraduate courses in law and medicine, dentistry and psychology, including in universities and university centres, should be submitted respectively to the manifestation of the Federal Council of the Order of Lawyers of Brazil or the National Board of Health.

§ 3º The deadline for the demonstration provided for in § 2º is sixty days, extended by equal period, the application of the Council concerned.

Art. 29. They are phases of the authorization process:

I-protocol of the application next to the competent Registry, instructed as per the provisions of the art. 30 of this Decree;

II-documentary analysis by the Registry competent;

III-assessment in loco by the INEP; and

IV-decision of the competent Registry.

Art. 30. The application for a course permit is to be instructed with the following documents:

I-voucher for the pick-up of the assessment rate in the loco;

II-pedagogical project of the course, informing number of students, shifts, program of the course and too many pertinent academic elements;

III-relation of lecturers, accompanied by term of commitment signed with the institution, informing them of the respective titration, hourly charge and regime of work; and

IV-voucher of availability of the immovable.

Art. 31. The competent Registry will receive the protocoled documents and give impetus to the process.

§ 1º The Registry will carry out the documentary analysis, the necessary representations to the complete instruction of the process and will refer you to the INEP for on-the-spot assessment.

§ 2º The Registry would request advice from the Office of Education the Distance, when it is the case.

§ 3º The Registry shall officiate the Federal Council of the Order of Lawyers from Brazil or the National Board of Health, in the hypotheses of art. 28.

§ 4º The Registry shall carry out the analysis of the documents under the aspects of formal regularity and merit of the application, having as a basic reference the evaluation report of INEP, and at the end will decide the application.

Art. 32. The competent Secretary will be able to, in compliance with the general standards of national education:

I-defer the application for course authorization;

II-defer the application for a course permit, in experimental character, in the terms of the art. 81 of Law No. 9,394 of December 20, 1996; or

III- uncritically dismisses the application for a course permit.

Art. 33. Of the Secretary's decision, it will be up to administrative recourse to the CNE within thirty days.

Subsection II

From the Acknowledgment

Art. 34. Course recognition is a necessary condition, along with the registration, for the national validity of the respective diplomas.

Art. 35. The institution should protocol request for course recognition elapsed at least one year from the beginning of the course and up to half of the deadline for its completion.

§ 1º The application for recognition should be instructed with the following documents:

I-voucher of pick-up of the rate of assessment in loco;

II-pedagogical project of the course, including number of students, shifts and too many pertinent academic elements;

III-relation of lecturers, constant of the national doctoral cadence; and

IV-voucher of availability of the real estate.

§ 2º The courses authorized in the terms of this Decree stay dispensed with the fulfillment of incisors II and IV, and shall present only the elements of updating the documents joined on the occasion of the authorisation.

§ 3º The competent Office will consider, for purposes regulations, the last assessment report available at SINAES.

§ 4º Case consider necessary, the Registry will request the INEP realisation of new assessment in loco.

Art. 36. The recognition of undergraduate courses in law and medicine, dentistry and psychology, is to be submitted respectively to the manifestation of the Federal Council of the Order of Lawyers of Brazil or the National Board of Health.

Single paragraph. The deadline for the planned demonstration in the caput is sixty days, extended by equal period, the application of the Council concerned.

Art. 37. In the case of course corresponding to the regulated profession, the Registry will open deadline for the respective professional regulatory body, nationwide, wanting, to offer subsidies to the decision of the Ministry of Education, in sixty days.

§ 1º Elapsed the deadline set in the caput, the Registry will open deadline for demonstration by the applicant, for thirty days.

§ 2º Instructed the process, the Registry will examine the documents and will decide the request.

Art. 38. The deferral of the recognition application will have as a basic referential the evaluation processes of SINAES.

Art. 39. The unsatisfactory result of the SINAES evaluation enact the celebration of compromise protocol, in the form of the arts. 60 and 61.

Single paragraph. Expiry of the commitment protocol deadline without satisfactory fulfilment of the targets set forth therein, administrative procedure of cassation of operating authorization in the form of the art will be instituted. 63, inciso II.

Art. 40. Of the decision, it will be up to administrative appeal to the CNE within thirty days.

Subsection III

From Renewal Recognition

Art. 41. The institution should protocol request for renewal of recognition at the end of each SINAES evaluative cycle to the competent Registry, duly instructed, within the time limit set out in § 7º of the art. 10.

§ 1º The application for renewal of recognition should be instructed with the documents referred to in art. 35, § 1º, with the updating of the documents submitted on the occasion of the application for course recognition.

§ 2º Applied to the renewal of the recognition of courses the provisions relevant to the recognition procedure.

§ 3º The renewal of the recognition of undergraduate courses, included those of technology, from a same institution should be carried out in an integrated and concomitant manner.

Subsection IV

From the Acknowledgment and Recognition Renewal of Higher Degree Courses of Technology

Art. 42. Recognition and renewal of recognition of superior technology courses will have on the basis catalogue of course names published by the Office of the Secretariat of Professional and Technological Education.

Art. 43. The inclusion in the catalogue of superior course denomination of technology with the respective professional profile will be given by the Office of Professional and Technological Education, of trade, or the application of the institution.

§ 1º The application will be instructed with the elements that demonstrate the consistency of the defined technical area, in accordance with national curriculum guidelines.

§ 2º The CNE, upon reasoned proposal of the Registry of Professional and Technological Education, will deliberate on the exclusion of course denomination from the catalogue.

Art. 44. The Secretary, in the recognition and renewal processes of recognition of superior technology courses, will be able to, in fulfillment of the general standards of national education: '

I-defer the application, based on the catalogue of course denominations published by the Secretary of Education Professional and Technological;

II-defer the application, determining the inclusion of the denomination of the course in the catalogue;

III-defer the request, maintained the experimental character of the course;

IV-defer the request exclusively for the purposes of diploma registration, vetoed the admission of new students; or

V-indefer the request, motivatedly.

Single paragraph. They apply to the recognition and renewal of recognition of higher technology courses the provisions laid down in Subsections II and III.

CHAPTER III

FROM SUPERVISION

Art. 45. The Office of Higher Education, the Office of Professional and Technological Education and the Secretariat for Distance Education will exercise the supervisory activities concerning, respectively, the undergraduate and sequential courses, the courses superior technology and the courses in the distance education modality.

§ 1º The competent Secretary or supervisory body may, in the exercise of your supervision activity, in the limits of the law, determine the submission of supplementary documents or the conduct of audit.

§ 2º The acts of oversight of the Public Power will seek to resent the interests of those involved, as well as preserve the ongoing activities.

Art. 46. Students, teachers and technical-administrative staff, through their respective representative bodies, will be able to represent the supervisory bodies, in a circumstantial manner, when they check irregularities in the functioning of institution or top course.

§ 1º The representation should contain the qualification of the representative, the clear and accurate description of the facts to be ascertained and the relevant documentation, as well as the remaining relevant elements for the clarification of your object.

§ 2º The representation will be received, numbered and autured by the The competent office and then submitted to the Secretary.

§ 3º The administrative process could be instituted from trade, when the competent Registry has science of irregularity that it will fall into it and punish.

Art. 47. The Registry will give science of representation to the institution, which may in ten days be able to express itself in advance by the inlivelihood of the representation or apply for the granting of a time limit for sanitation of disabilities, under art. 46, § 1º, of the Law no 9,394, of 1996, without prejudice to the defence of which it treats art. 51.

§ 1º In view of the manifestation of the institution, the Secretary will decide by the admissibility of the representation, by instituting administrative proceedings or by granting time frame for sanitation of disabilities.

§ 2º Not admitted to the representation, the Secretary will archive the process.

Art. 48. In the hypothesis of the determination of poor sanitation determination, the Secretary will exarge dispatch, duly motivated, specifying the identified deficiencies, as well as the arrangements for his effective correctness, in a fixed term.

§ 1º The institution will be able to challenge, in ten days, the measures determined or the deadline.

§ 2º The Secretary will appreciate the impugning and decide for the maintenance of the sanitation arrangements and the time limit or the adjustment of the arrangements and the respective deadline, not to be a new appeal of that decision.

§ 3º The deadline for sanitation of disabilities will not be able to be greater than twelve months, counted from the dispatching referred to in the caput.

§ 4º In the term of time limit for sanitation of disabilities, the measure provided for in the art could be applied. 11, § 3º, motivatedly, provided that, in the specific case, the measure of caution proves necessary to avoid injury to the pupils.

Art. 49. Exhausted by the deadline for sanitation of disabilities, the competent Registry will be able to carry out on-the-spot verification, aiming to substantiate the effective sanitation of disabilities.

Single paragraph. The Secretary will appreciate the elements of the process and will decide on the sanitation of disabilities.

Art. 50. Do not sanction the deficiencies or admit immediately the representation, will be instituted administrative proceedings for application of penalties, upon portionery of the Secretary, of which constaron:

I-identification of the institution and its mantenedora;

II-summary of the facts object of the apurations, and, when it is the case, of the reasons of representation;

III-information on the granting of time to sanitation of disabilities and the conditions of their defulfillment or insufficient fulfillment;

IV-other pertinent information;

V-consignment of the applicable penalty; and

VI-determination of notification of the represented.

§ 1º The process will be conducted by authority especially designated, an integral of the competent Secretariat for the supervision, who will carry out the necessary representations to the instruction.

§ 2º Will not be deinjured new deadline for sanitation of deficiencies in the course of the administrative process.

Art. 51. The represented will be notified by science in the process, via postal with acknowledgement of receipt, by telegram or other means that ensure the certainty of the science of the person concerned, to, within fifteen days, present defence, handling of the subjects in fact and of pertinent law.

Art. 52. Received the defence, the Secretary will appreciate the ensemble of the elements of the proceedings and will make a decision, duly motivated, by filing the case or applying one of the following penalties provided for in the art. 46, § 1º, of the Law no 9,394, of 1996:

I-deactivation of courses and habilitations;

II-intervention;

III-temporary suspension of prerogatives of autonomy; or

IV-described.

Art. 53. Of the Secretary's decision will be to appeal to the CNE in thirty days.

Single paragraph. The final administrative decision will be approved on the porterie of the Minister of State for Education.

Art. 54. The decision to deactivate courses and habilitations will entail the immediate cessation of the operation of the course or habilitation, vetoed the admission of new students.

§ 1º Students who transfer to another institution of higher education have ensured the use of the studies carried out.

§ 2º In the impossibility of transfer, they are left resaved the rights of students enrolled to the completion of the course, exclusively for the purposes of diploma dispatch.

Art. 55. The intervention decision will be implemented by dispatching the Secretary, who will name the interventor and establish the duration and conditions of the intervention.

Art. 56. The decision of temporary suspension of prerogatives of the autonomy will define the suspension period and the suspended prerogatives, among those provided for in the incisys I to X of the art. 53 of Law No. 9,394, of 1996, necessarily constying those of the incisos I and IV of that article.

Single paragraph. The term of suspension will be at least double the time limit given for sanitation of disabilities.

Art. 57. The decision to describe the institution will entail the immediate cessation of the operation of the institution, vetoed the admission of new students.

§ 1º Students who transfer to another institution of higher education have ensured the use of the studies carried out.

§ 2º In the impossibility of transfer, they are left resaved the rights of students enrolled to the completion of the course, exclusively for the purposes of diploma dispatch.

CHAPTER IV

DA EVALUATION

Art. 58. The assessment of higher education institutions, undergraduate courses and academic performance of their students will be carried out within SINAES under the applicable law.

§ 1º The SINAES, in order to fulfill your goals and meet your constitutional and legal purposes, comprises the following institutional assessment processes:

I-internal evaluation of higher education institutions;

II-external evaluation of higher education institutions;

III-evaluation of the degree courses; and

IV-evaluation of the academic performance of the undergraduate students' courses.

§ 2º The evaluation processes will comply with the provisions of the art. 2º of the Act in the 10,861, from 2004.

Art. 59. SINAES will be operationalized by INEP, as per the guidelines of the CONAES, in evaluative cycles with duration less than:

I-ten years, as a basic referential for university recounting; and

II-five years, as a basic referential for recentment of university centers and faculty and renewal of recognition of courses.

§ 1º The assessment as basic referential for re-deprecation of institutions, recognition and renewal of recognition of courses will result in the allocation of concepts, as per a five-level scale.

§ 2º The assessment as basic referential for accreditation of institutions and authorization of courses will not result in the allocation of concepts and will have merely authorative effects.

Art. 60. The achievement of unsatisfactory concepts in the periodic evaluation processes, in the processes of institution recentencing, recognition and renewal of recognition of undergraduate courses enlitigation of commitment protocol with the institution of higher education.

Single paragraph. It will be, at the discretion of the institution, administrative appeal for concept review prior to the conclusion protocol conclusion, within ten days counted from the communication of the evaluation result by the INEP, as per the applicable legislation.

Art. 61. The compromise protocol should contain:

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

II-the forwarding, processes and actions to be adopted by the institution with views to overcoming the difficulties detected;

III-the express indication of targets to be fulfilled and, when couber, the characterization of the respective responsibilities of the leaders;

IV-the maximum deadline for its fulfillment; and

V-the creation, on the part of the higher education institution, of accompanying commission of the commitment protocol.

§ 1º The celebration of compromise protocol suspending the flow of the time limits provided for in § § 7º and 8º of the art. 10.

§ 2º In the duration of the compromise protocol, it may be applied the measure provided for in the art. 11, § 3º, motivatedly, provided that, in the specific case, the measure of caution proves necessary to avoid injury to the pupils.

Art. 62. The deadline of the commitment protocol has been exhausted, the institution will be subjected to new on-the-spot assessment by the INEP, to check the fulfilment of the stipulated targets, with views to the change or maintenance of the concept.

§ 1º The INEP will submit new assessment report to the Registry competent, vetted the celebration of new protocol of engagement.

§ 2º The higher education institution is expected to present proof of pick-up of the in-loco assessment fee for the new assessment up to thirty days before the expiry of the commitment protocol deadline.

Art. 63. Failure to comply with the commitment protocol shall enroll the administrative process for the application of the following penalties provided for in the art. 10, § 2º, of the Law no 10,861, of 2004:

I-temporary suspension of the selective process opening of undergraduate courses;

II- Cassation of the operating permit of the higher education institution or the recognition of courses by it offered; and

III-warning, suspension or loss of mandate from the leader responsible for non-performing action, in the case of public higher education institutions.

§ 1º The higher education institution will be notified by science in the process, via postcard with acknowledgement of receipt, by telegram or other means that ensure the certainty of the science of the person concerned, to, within ten days, present defence, dealing with the pertinent fact and law subjects.

§ 2º Received the defence, the Secretary will appreciate the set of the elements of the process and will refer you to the CNE for deliberation, with advice recommending the application of the hangable penalty or its archiving.

§ 3º The decision of the CNE will fit administrative appeal, in the form of its internal regiment.

§ 4º The decision to file the administrative proceedings enduring the resumption of the flow of the deadlines provided for in § § 7º and 8º of the art. 10.

§ 5º The final administrative decision will be homologated in portaria of the Minister of State for Education.

Art. 64. The temporary suspension decision of the selective process opening of undergraduate courses will define the term of suspension, which may not be less than double the time limit set in the commitment protocol.

Art. 65. To the decision of cassation of the operating permit of the higher education institution or the recognition of degree courses by it offered, the provisions of the arts apply. 57 or 54, respectively.

Art. 66. The decision of warning, suspension or loss of tenure of the leader responsible for the unexecuted action, in the case of public institutions of higher education, shall be preceded by disciplinary administrative procedure, pursuant to the Act in 8,112, of 11 of December 1990.

CHAPTER V

OF THE FINAL AND TRANSITIONAL PROVISIONS

Section I

Das Final Provisions

Art. 67. The application for accreditation of higher education institution will tramway in conjunction with an application for permission of at least one higher course, observing the relevant provisions of this Decree as well as rationality and economicity administrative.

Art. 68. The applicant will have a term of twelve months, from the publication of the authorizing act, to start the operation of the course, under penalty of expiry.

Single paragraph. In the cases of expiry of the authoring and unfavorable final decision in the process of accreditation of higher education institution, inclusive of course or off-seat campus, and of higher course authorization, those interested will only be able to submit new solicitation regarding the same application after decorating two years counted from the act ending the process.

Art. 69. The exercise of lecturer activity in higher education is not subject to the teacher's enrollment in professional regulatory body.

Single paragraph. The full-time faculty work scheme comprises the provision of forty weekly hours of work in the same institution, in it reserved the time of at least twenty weekly hours for studies, research, extension works, planning and evaluation.

Section II

From the Transitional Provisions

Art. 70. The provisions of § 7º of the art. 10 does not apply to authorative acts prior to this Decree that have set a definite deadline.

Art. 71. The catalogue of higher technology courses will be published in the ninety-day term.

§ 1º The applications for authorization, recognition and renewal of recognition of the superior courses of technology in tramway should suit the terms of this Decree, within sixty days, counted from the publication of the catalogue.

§ 2º Higher education institutions that offer courses top of technology will be able, after the publication of this Decree, to adapt the denominations of their courses to the catalogue of which it treats art. 42.

Art. 72. The out-of-headquarters campuses already created and in operation on the date of publication of Decree No. 3,860 of July 9, 2001 will preserve their prerogatives of autonomy by the expiry date of the accreditation act, being submitted to the recentment, which will process in conjunction with the university's recentence, when it will be decided about the respective prerogatives of autonomy.

Art. 73. The proceedings initiated before the entry into force of this Decree shall comply with the procedural provisions contained therein, taking advantage of the acts already practiced.

Single paragraph. The principles and provisions of the legislation of the federal administrative procedure will be observed, in particular with regard to the deadlines for the practice of procedural acts by the Public Power, to the adoption of simple, sufficient ways to propitiate appropriate degree of certainty, safety and respect for the rights of the administered and the interpretation of the administrative standard in the manner that best ensures the service of the public end to which it is addressed.

Art. 74. The processes of authorization, recognition and renewal of recognition of courses in tramway at the CNE and already distributed to the respective Councillors rapporteurs will follow their course on a regular basis in the form of this Decree.

Single paragraph. The still undistributed processes are expected to return to the competent Office of the Ministry of Education.

Art. 75. Evaluations of institutions and degree courses already in operation, for purposes of re-recognition, recognition and renewal of recognition, will be staggered in ministerial porterie, based on proposal from the CONAES, heard the Secretaries and the INEP.

Art. 76. The Ministry of Education and the federal education bodies will expressly revoke the normative acts incompatible with this Decree, in up to thirty days counted from its publication.

Art. 77. The arts. 1º and 17 of Decree No 5,224, from 1º October 2004, go on to invigorate with the following essay:

?Art. 1º .................................................................................................................

§ 1º CEFET are pluricurricular higher education institutions, specializing in the provision of education technology at the different levels and modalities of teaching, characterizing themselves by priority acting in the technological area.

........................................................................................................................? (NR)

?Art.17 ..........................................................................................................

...................................................................................................................

§ 4º CEFET will be able to enjoy from others assignments of university autonomy, duly defined in the act of its accreditation, pursuant to § 2º of the art. 54 of the Law no 9,394, from 1996.

§ 5º The autonomy of which treats § 4º should observe the limits set out in the institutional development plan, approved when of its accreditation and re-enactment.? (NR)

Art. 78. This Decree comes into effect on the date of its publication.

Art. 79. The Decrees in the 1,845, of March 28, 1996, 3,860, July 9, 2001, 3,864, July 11, 2001, 3,908, September 4, 2001, and 5,225, 1º October 2004, 2004, 1º, 3,908, September 4, 2001, 3,908, 1º, September 4, 2001, 3,908, 1º, September 4, 2001, 3,908, September 4, 2001, 3,908.

Brasilia, 9 of may 2006; 185º of Independence and 118º of the Republic.

LUIZ INACIO LULA DA SILVA

Fernando Haddad