Equality for whom?

Allen Silva
4 min readOct 27, 2020

That week, I expose a contradictory situation when we add the words University, Equality, Cooperation and Law.
The Brazilian student maintains a colonial habit, which is to migrate to study. Aware that it is not the only factor and although the Portuguese language undergoes some changes in the written and spoken form, I think that the Portuguese language continues to be a major factor in the decision to study in Portugal.
According to news published on Canal Portugal, which in 2005 were 1,907 and in 2008 it increased to about 12,245 Brazilian students at Portuguese Universities.
Second Note to the Social Communication published on March 10, 2020:

“The number of students enrolled in higher education under the International Student Statute increased by 38% in 2019/2020, compared to the previous year. Brazil, Cape Verde and Guinea-Bissau are the countries with the newest enrollments in Higher Education ”

The mentioned increase in the number of students occurred after the enactment of Decree-Law №62/2018, which amended the International Student Statute, and it is certain that such change came from the recommendation of the Organization for Economic Cooperation and Development — OECD:

“The evaluation process, which included making several visits to Portugal and listening to a wide range of institutional and individual actors across the country, resulted in a set of recommendations, presented by the OECD in February 2018, with the objective of reinforcing the performance and impact of research and development and higher education activities and institutions in Portugal, in an international perspective and in a multidisciplinary context.
Within the scope of this assessment, the OECD identified an open international characteristic and attractiveness as an important characteristic of successful higher education institutions. In fact, internationalization is seen as a particularly important feature in Portugal, given the size of the country, the installed training capacity and its tradition of international openness.
In the Resolution of the Council of Ministers no. 78/2016, of November 30, the Government had already defined a set of general guidelines for the articulation of the internationalization policy of higher education and science and technology with the other public policies of internationalization , which follow other initiatives on the same theme and which have been implemented since then.
It is now important to reflect these recommendations and guidelines in the International Student Statute, regulated by Decree-Law №36/2014, of 10 March, in its current wording. ”

It turns out that instead of the doctor prescribing what is best for the patient, the doctor has prescribed what is best for him. I explain to the Directorate-General for Higher Education that “from the 2020/2021 academic year onwards, the maximum tuition fee to be fixed by higher education institutions is reduced from € 871 to € 697”, while the Public Universities of Portugal , in a cooperative way, in addition to establishing different tuition fees for the international student, they increased the tuition fee for the international student:

University of Porto
National Students | EU — Full Time € 697.00 | Part time 243,95 — € 557,60
International Students — Full Time 3500,00 € | Part time € 1225.00 — € 2800 |
International student CPLP — Full time 1925,00 € | Part time € 673.75 — € 1540
Coimbra University
National Students — 1st year tuition fee (indicative) 697.00 € | Remaining fees (indicative) 697.00 €
International Students Monthly fee of 700 € x10 monthly fees
University of Lisbon
International Students — 1st year tuition fee (indicative) € 4500.00 | Remaining fees (indicative) € 4500.00
Aveiro University
National Students — € 697.00 / year
International Students — € 4650 / year

I explain that on September 7, 1971, the Convention on Equal Rights and Duties between Brazilians and Portuguese was signed, in which it guarantees equal rights and duties for the respective nationals for Portuguese in Brazil and for Brazilians in Portugal.
Subsequently, on July 17, 1996, the Community of Portuguese Speaking Countries (CPLP) was created, which “is the privileged multilateral forum for the deepening of mutual friendship and cooperation among its members.” and governed by the following principles:

“Sovereign equality of member states;
Non-interference in the internal affairs of each state;
Respect for your national identity;
Treatment reciprocity;
Primacy of peace, democracy, the rule of law, human rights and social justice;
Respect for its territorial integrity;
Promotion of development;
Promotion of mutually beneficial cooperation.”

On April 21, 2000, the Convention on Equal Rights and Duties between Brazilians and Portuguese was revoked by the Treaty of Friendship, Cooperation and Consultation, which reaffirmed the following principles and objectives:

1) Economic, social and cultural development based on respect for fundamental rights and freedoms, set out in the Universal Declaration of Human Rights, in the principle of democratic organization of society and the State, and in the search for greater and broader social justice;
2) The strengthening of ties between the two peoples with a view to guaranteeing peace and progress in international relations, in the light of the objectives and principles enshrined in the United Nations Charter;
3) The consolidation of the community of Portuguese-speaking countries, in which Portugal and Brazil are integrated, a fundamental instrument in the pursuit of common interests;
4) The participation of Portugal and Brazil in regional integration processes, such as the European Union and Mercosur, aiming to allow the rapprochement between Europe and Latin America to intensify their relations.

The international treaty provides that:

Article 12
The Portuguese in Brazil and the Brazilians in Portugal, beneficiaries of the equal status, will enjoy the same rights and will be subject to the same duties as the nationals of those States, under the terms and conditions of the following articles.

Article 43 of the said Treaty thus provides:

Without prejudice to what is eventually determined in terms of numerus clausus, access to postgraduate courses at universities and other institutions of higher education in Portugal and universities in Brazil is allowed to nationals of the other Contracting Party under conditions identical to those required nationals of the country of the institution concerned.

Thus, I think that “the articulation of the internationalization policy for higher education”, recommended by the OECD, has become a good source of income for Portuguese Universities.

This text was originally published in the newspaper A Pátria

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Allen Silva

Sócio fundador da startup LawBrain - Assessoria Jurídica. Candidato a Doutor em Filosofia na Universidade do Porto