Análise sobre a legalidade do bônus regional à luz dos preceitos constitucionais brasileiros

Abstract

This paper analyzes the constitutionality of the regional bonus, a recent mechanism adopted by federal universities, which, through resolutions, began to grant a bonus to the entrance score of candidates who completed high school regularly within the university’s jurisdiction. From this perspective, the study addresses the topic in light of the constitutional principles of equality, impartiality, and freedom of movement, questioning whether this bonus, although grounded in the constitutional principle of university autonomy, aligns with equal opportunities and the right to free movement. Through a qualitative analysis of jurisprudence, legislation, and legal doctrines, the research explores the arguments of bonus advocates, who aim to retain qualified professionals in underserved regions, contrasting with the criticisms from opponents who view the bonus as an incompatible privilege within the legal framework. In this sense, it is concluded that, although the intent of the measure is legitimate, its application, by favoring local candidates, presents inconsistencies with constitutional principles, particularly equality, as it creates privileges and benefits some at the expense of others. It is necessary, therefore, to revise the policy to align with the fundamental values of the Brazilian Rule of Law.