Criação de um guia de orientações para elaboração, redação, alteração e atualização de atos normativos no âmbito das instituições federais de ensino superior

Abstract

The production of normative acts in Brazil is currently going through a period of "crisis of the law" due to the exorbitant quantity that are created, accompanied by the poor quality of the normative texts. The low quality of the legislation inserted in the legal system stems from the lack of rigor and observance of the legislative technique. In view of the effects of legislation produced without planning and in a non-judicious way, the concern with the quality of normative production must occupy the agenda of priorities of several institutions. The regulation in Federal Higher Education Institutions (IFES), produced by their councils, collegiate and administrative organs, is conducted by professionals from different areas of training, who have the responsibility of preparing normative acts. Most of the time, this is done without knowledge of the relevant doctrines and laws that deal with the matter. This study sought to understand the professional situation of civil servants who work directly in the final analysis of the preparation of normative acts in the context of the IFES, about knowledge in relation to the doctrine and the laws that govern the theme. The diagnosis regarding the knowledge of the civil servants who work in this activity was achieved through the work carried out in the context of the Federal University of Triângulo Mineiro. The investigation used the semi-open questionnaire as a technique for data collection, interviewing all civil servants who work in advising on matters related to the textual review of normative acts within the scope of UFTM. With 100% participation of the interviewed civil servants, the results found permitted analysis of the following: the context of the professional performance of these civil servants in relation to the existing knowledge and the necessary knowledge about the theories and practices to write good quality normative acts; the need for training to exercise this activity; and the importance of the elaboration of an institutional guide as an instrument of orientation for those involved with the normative activity and also for the academic community in general. We can highlight from the results obtained, the relevance that was given by the civil servants to formal qualification regarding the theme and the norms that discipline the normative elaboration. Another point that was highlighted and relevant to the research was the agreement of all the interviewed employees regarding the importance of a guide that instructs and standardizes the preparation of normative acts. In conclusion, it was possible to establish guidelines for the IFES, as well as for other educational institutions, which make it possible to improve the quality of their legislation. As a result, the guide for drafting and altering normative acts was produced as the final product of this research, which offers IFES employees the necessary assistance for the exercise of this activity, intending to collaborate in improving the quality of writing and reducing the quantity of normative acts.