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Brazil Guarantees Constitutional Protection to Public Universities While Harvard Faces Cuts and Trump Threats for Refusing Political and Ideological Demands from the US Government
On Monday (14), President Donald Trump announced a freeze of about US$ 2.3 billion (equivalent to R$ 13.1 billion) in contracts and grants intended for Harvard University. The decision was motivated by the university’s refusal to comply with government demands, such as the termination of inclusion and equity programs.
Trump also threatened to withdraw the institution’s tax exemption, accusing it of being a political entity for promoting pro-Palestinian protests and opposing the war in the Gaza Strip.
Additionally, the president sent a letter to the university requesting an audit with professors, students, and administrators.
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The document demanded administrative reforms, changes in admission policies, and hiring based solely on merit. Harvard responded that it would not comply with the demands.
Brazil Does Not Allow Political Interference in Public Universities
In Brazil, this type of measure has no legal support. According to the President of the National Association of Research in Education Funding (Fineduca), Nelson Amaro: “In Brazil, the most impositive stance the government can take is to block the budget or restrict funds for a time, but the Union cannot fail to pay the minimum to the universities.”
This is because the Federal Constitution of 1988 guarantees the minimum application of resources and ensures the autonomy of public institutions.
Clear Rules: Constitution Protects Education Budget
Brazilian legislation stipulates that the Union must allocate at least 18% of tax revenues to the maintenance and development of education.
States and municipalities must allocate a minimum of 25%. This rule is stated in Article 212 of the Constitution and prevents total cuts or suspensions of transfers to public institutions.
Moreover, universities have didactic-scientific, administrative, financial, and patrimonial autonomy. They can decide how to invest the available resources in teaching, research, and extension, without direct government interference.
Experts Defend Autonomy as a Pillar of Education
The legal director of the Brazilian Association of Higher Education Maintainers, Bruno Coimbra, states that “whether in Brazil or the United States, the didactic and administrative autonomy of universities is non-negotiable.” For him, when an institution yields to government pressures, it loses its independence.
By refusing to meet the demands of the American government, Harvard reinforces its commitment to the educational project it advocates. According to Coimbra, universities should act as “knowledge-keeping agents” and influence public debates independently.
Direct Public Funding in Brazilian Universities
The projected budget for Brazilian federal universities in 2025 is R$ 41 billion. This amount does not include federal institutes and technological centers. The resources come from what is called Source 1000, consisting of taxes collected by the Union.
Unlike the United States, where funding changes according to annual political decisions, Brazil has stable rules that ensure the continuity of investment.
Nelson Amaro emphasizes that “the money is made available for public management, and, in theory, the institution does not need to seek these resources: it is the government’s obligation.”
Education in the US Depends on Annual Congress Decisions
The Constitution of the United States, from 1787, does not directly address education. This issue is considered the responsibility of the states, not the federal government. As a consequence, there is no obligation for the transfer of funds to universities.
Funding occurs through specific laws approved by Congress, with amounts that can vary each year. This makes the system more exposed to political decisions, as seen in the case of Harvard.
The Private Sector Also Funds American Universities
In the United States, private universities like Harvard receive public funds, in addition to support from large companies. According to Bruno Coimbra, “In the United States, there is a great deal of attention on investment in education.”
He explains that companies like Google maintain research centers within universities, contributing with technology and funding.
Brazil Has Specific Programs for Private Institutions
Although Brazilian private universities do not receive direct transfers, students from these institutions benefit from programs such as Prouni and Fies.
The University for All Program offers scholarships, while the Student Financing Fund allows for the payment of tuition fees after graduation.
These initiatives ensure access to higher education without the government needing to directly transfer funds to private institutions.
Budget Cuts Have Already Affected Higher Education in Brazil
Despite constitutional guarantees, Brazil has faced situations of contingency. In 2022, during Jair Bolsonaro’s government, there was an initial cut of 14.5% in the education budget.
The amount was reduced to 7.2% and partially released, but the final loss for universities and institutes was R$ 438 million.
In the same year, the Ministry of Education suffered a new cut of R$ 1 billion. Of this amount, R$ 328 million were taken from federal universities, but were eventually released after internal resource reallocations.
Structural Differences Explain Greater Protection in Brazil
Even with occasional cuts, the Brazilian system is structured to ensure the continuity of funding. The Constitution acts as a safeguard against unilateral government decisions.
The absence of a similar provision in the United States allows actions such as Donald Trump’s against Harvard. In Brazil, any attempt to completely cut resources from public universities faces a clear and detailed legal protection.
With information from G1.
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