President of Consup (Superior Council) deals with MP 914 and the electoral process at IFSP
In view of the recent events related to the process of choosing directors at Federal Education Institutions, in order to inform the academic community, as well as to care for the collegiate bodies of the IFSP, reiterating the relevance of its Superior Council - Consup (Superior Council) and the performance of its advisors, the Presidency of Consup (Superior Council) - IFSP makes public the following note.
Until June 1, 2020, we were in force of MP 914, published on December 24, 2019, which ended the parity of votes of teachers, administrative technicians and students, extinguished the election of directors-general and created the triple list for Dean. It was a scorn, an attack on democracy, an affront to university autonomy and clear intervention in the FIs.
Two weeks in advance, the presidency of Consup (Superior Council) guided the Council to take reports, alerting to the expiry date of MP 914, as well as discussions within the National Council of Institutions of the Federal Network of Professional Education, Scientific and Technological (Conif), aiming at the preservation of democracy in the FIs.
Advisers were reminded, which should be clear to the academic community, that:
- Deflagrating the electoral process, deliberating and monitoring the electoral code are tasks legally provided for exclusively by the Superior Council;
- Once the electoral process has started, it must be concluded within 90 days;
- The process of choosing directors in the FIs is provided for in Law No. 11.892 / 2008, but is regulated by a Decree, No. 6986/2009. It is in the decree, for example, that it is guaranteed that the selection process will indicate a single candidate for the position, and not a list of candidates so that the president can choose the rector that he likes;
- It would not be possible to issue a new MP on the subject in the current year, but a decree is the responsibility of the government, it does not depend on Congress.
Three Consup (Superior Council) –IFSP meetings were held with this agenda, on May 20, June 2 and 9. Four IFs started their processes in the period, after the loss of validity of MP 914: IFNMG on June 2, IFMA on June 03, IFRR on June 04, and IFFar on June 05.
The Heads of the Federal Prosecutor's Offices at the IFRR, IFMA, IFSP, IFFar and IFNMG prepared an opinion on the legality of adopting electronic / virtual consultation to the school community, pointing out the legality provided, among other points, the software or system to be adopted be “able to guarantee the process: a) accessibility, b) transparency, c) vote confidentiality, d) authenticity, e) audit possibility; f) integrity ”.
At the request of a board member, there was an extraordinary meeting on June 9, with a discussion of this agenda. Former candidates for dean positions, as well as the IFSP Director of Information Technology and the Federal Prosecutor at the IFSP, were invited to provide clarification on previous claims, which clarified the counselors' doubts about details of previous claims, issues abovementioned legal and technical issues, including reporting on the systems being chosen by the FIs that are triggering their processes.
There was a vote on whether or not to start the electoral process at that time, the Consup decision (Superior Council), by 15 votes to 7, contrary to the outbreak.
Among the arguments presented by those in favor of the outbreak was, first, the need to avoid the risk of government interference in the process, changing the rules and the democratic character of the choice of leaders, which could be done with the issuance of a new one. government decree, after the loss of the validity of MP 914. In addition, considering the period of Covid-19 Pandemic and the need for social distance, which can extend for months, the electoral code should take into account, in any case, this specificity, and it is up to the council itself to direct the elected Central Commission to draw up the most equitable and isonomic electoral code possible.
Contrary councilors, on the other hand, argued that the government's agility to try a new change was unlikely, considering its disarticulation at the moment; that it would not be the responsibility of the Council, but of the government, should this happen; the concern with the isonomic participation of the academic community was also raised, understanding that “the electoral process has to be fair, transparent, safe and representative”, according to a clarification note published by a group of councilors.
The day after that meeting, on June 10, the government published MP 979, empowering the Minister of Education to appoint rectors at universities and federal institutes during the covid-19 pandemic, without consultation with the community.
Fortunately, there was a quick commotion against MP 979, with manifestations by Conif, among other institutions, and the return of MP to the Executive by the President of Congress.
However, it should be noted that, for the case of Federal Institutes, the publication of a new decree, replacing that of No. 6986, would be sufficient to change what is, today, the most democratic process of choice in Federal Education Institutions.
In addition, by highlighting the autonomy of the IFSP Superior Council, which must both initiate the selection process and approve its Electoral Code, which the Council, together with the community, represented by the Central Commission, has the ability to the most “fair, transparent, secure and representative”, we are even opposed to the government's own argument that MP 979 would be necessary because it is not possible to guarantee democratic consultation with the necessary social distance.
The Presidency of the Consup (Superior Council) regrets that, despite the changes made by the current management of the IFSP, with the premise of democratic management, such as the right of voice to alternate councilors and the transmission of Council meetings, the audience is low , considering the number of employees and students of the institution.
In this sense, in view of the dissemination of notes, texts and reports identified by compositions with the term “Consup (Superior Council)”, it is necessary to inform the community that the Superior Council - Consup (Superior Council) of the IFSP is only one, with one note Consup (Superior Council) will necessarily pass through the Council plenary. In the same way that this is a note from the Presidency of Consup (Superior Council), to which its president subscribes.
Being one, it will be up to this Council, its advisors and advisers, the triggering of the electoral process, at the time it deems convenient, as well as guiding guidelines for the Central Commission and approving the Electoral Code which, considering the national political situation and the present moment of health crisis, allow a “fair, transparent, safe and representative” process.
With this, the Presidency of Consup (Superior Council) hopes to have informed the community, so that it can transmit its position to the councilors and councilors, who are its representatives, so that they develop their responsibility to the Institution in the best way, and we are able to defend democracy at this time of interventionist attempts.
Professor Eduardo Antonio Modena
President of Consup (Superior Council) and Rector of IFSP