Decreto-Lei n.º 94/99, de 23 de Março de 1999
Decreto-Lei n.º 94/99 de 23 de Março O Estatuto do Ensino Superior Particular e Cooperativo actualmente em vigor, aprovado em 1994, não contém, ao contrário dos diplomas legais que o antecederam, e do actual estatuto do ensino particular e cooperativo não superior, uma previsão específica que permita pôr fim efectivo às situações de funcionamento de estabelecimentos de ensino particular ou cooperativo onde, sem o prévio reconhecimento de interesse público, se pretendem ministrar cursos que confiram o grau de bacharel, licenciado, mestre ou doutor.
Com efeito, no regime jurídico actualmente em vigor a figura do encerramento compulsivo é aplicável apenas às instituições já reconhecidas ou aos cursos já autorizados que estejam, uns e outros, a funcionar em condições de manifesta degradação pedagógica.
Este facto pode criar condições para que instituições cujo reconhecimento de interesse público não foi autorizado ou que nem sequer o solicitaram se mantenham em funcionamento, procurando, através dos estudantes e das famílias, criar mecanismos de pressão que levem ao seu reconhecimento a posteriori.
Pode igualmente criar condições para que instituições já reconhecidas ministrem cursos que visam conceder graus de ensino superior sem que os mesmos hajam sido objecto da prévia autorização de funcionamento exigida pela lei, tendo em vista criar situações de pressão que levem à sua autorização a posteriori.
Através do presente diploma promove-se a alteração do Estatuto do Ensino Superior Particular e Cooperativo no sentido de introduzir os mecanismos que obstem ao desenvolvimento de tais situações.
Assim: Nos termos da alínea a) do n.º 1 do artigo 198.º da Constituição, o Governo decreta, para valer como lei geral da República, o seguinte: Artigo 1.º Aditamento Ao Estatuto do Ensino Superior Particular e Cooperativo aprovado pelo Decreto-Lei n.º 16/94, de 22 de Janeiro, alterado, por ratificação, pela Lei n.º 37/94, de 11 de Novembro, é aditado o artigo 56.º-A, com a seguinte redacção: 'Artigo 56.º-A Funcionamento de estabelecimento não reconhecido 1 - O funcionamento de um estabelecimento de ensino particular ou cooperativo onde se pretendam ministrar cursos que confiram o grau de bacharel, licenciado, mestre ou doutor sem o prévio reconhecimento de interesse público nos termos deste diploma determina: a) O indeferimento do requerimento de reconhecimento de interesse público, se apresentado, qualquer que seja o momento em que o tenha sido ou venha a...
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