From salaried professor to stipend-based professor: the precarization of labor relations in the Open University of Brazil (UAB)<sup>,</sup>

Peres, Anna Paula Lemos S.; Santos, Gilmar Ribeiro dos; Durães, Sarah Jane

doi:10.1590/S1678-4634202652295665por

person Anna Paula Lemos S. Peres

Anna Paula Lemos S. Peres holds a PhD and a Master’s degree in Social Development from the State University of Montes Claros (Unimontes). She is a Professor in the Law Program at the State University of Montes Claros and a Corporate Labor Attorney.

school Universidade Estadual de Montes Claros, Montes Claros, Minas Gerais, Brazil. Contacts: annapaulalemosperes@gmail.com;

0000-0002-1701-3428

person Gilmar Ribeiro dos Santos

Gilmar Ribeiro dos Santos holds a PhD in Education from the Pontifical Catholic University of São Paulo (PUC-SP). He is a Professor in the Department of Social Sciences and in the Graduate Program in Social Development at the State University of Montes Claros.

school Universidade Estadual de Montes Claros, Montes Claros, Minas Gerais, Brazil. Contacts: gilrds50@gmail.com;

0000-0003-2953-6055

person Sarah Jane Durães

Sarah Jane Durães holds a PhD in Education from the Pontifical Catholic University of São Paulo (2002) and completed a postdoctoral fellowship at the University of Maryland, USA (2003), at the University of Barcelona (2005-06), at the Autonomous University of Barcelona (2009) and at the Superior Council of Scientific Investigations-CSIC/Barcelona (2013). She is a retired Professor from the State University of Montes Claros.

school Universidade Estadual de Montes Claros, Montes Claros, Minas Gerais, Brazil. Contact: sjuraes@uol.com.br.

0000-0003-2741-7386

Editor:

Prof. Dr. Fernando L. Cássio

Norm under review	Summary of the respective norm
Law No. 11,273, of February 6, 2006	Authorizes the granting of study and research stipend-based compensations to participants in initial and continuing teacher education programs for basic education.
Decree No. 5,800, of June 8, 2006	Establishes provisions regarding the Open University of Brazil (UAB) System.
Administrative Ruling No. 183, of October 21, 2016	Regulates the guidelines for the granting and payment of stipend-based compensations to participants involved in the preparation and implementation of undergraduate and continuing education courses and programs within the UAB System.
Administrative Ruling No. 15, of January 23, 2017	Amends Administrative Ruling No. 183 of October 21, 2016, which regulates the guidelines for the granting and payment of stipend-based compensations to participants involved in the preparation and implementation of undergraduate and continuing education courses and programs within the UAB System.
Administrative Ruling No. 102, of May 10, 2019	Regulates Article 7 of Coordination for the Improvement of Higher Education Personnel (CAPES) Administrative Ruling No. 183 of October 21, 2016, which provides for the implementation of a selection process for the granting of UAB stipend-based compensations established by Law No. 11,273 of February 6, 2006.

Category	Criteria for distinction
	Stipend-based compensation amount paid (2006-2022) (BRL)	Stipend-based compensation amount adjusted in Feb. 2023 (BRL)	Scope of activities	Required experience	Required qualification
Supervising Professor I	1,300.00	1,850.00	Teaching-related activities; participation in research projects and in the development of teaching methodologies in the field of initial and continuing teacher education for basic education within the UAB System.	Three (3) years in higher-education teaching	-
Supervising Professor II	1,100.00	1,550.00	Teaching-related activities; project development and research associated with courses and programs implemented within the UAB System.	One (1) year in higher-education teaching	Minimum of a master’s degree
Tutor	765.00	1,100.00	Typical tutoring activities carried out within the UAB System.	One (1) year of teaching experience in basic or higher education	Undergraduate degree
Content Professor I	1,300.00	1,850.00	Development of instructional materials; project development and research associated with ourses and programs implemented within the UAB System.	Three (3) years in higher-education teaching	-
Content Professor II	1,100.00	1,550.00	Development of instructional materials; project development and research associated with courses and programs implemented within the UAB System.	One (1) year of teaching experience	Minimum of a master’s degree

Constitutive elements of the employment relationship	Working conditions of Supervising Professors and Tutors within the UAB
1. Natural person	UAB teaching staff, whether Supervising Professors or Tutors, are natural persons.
2. Personal service	Personal service is present, since once approved in the selection process, teaching staff may not substitute themselves in the performance of their duties.
3. Non-occasionality	The work is non-occasional, as the workload stipulated in the public call must be fulfilled. Weekly working hours are defined for both Tutors and Supervising Professors according to the course or subject, and the provision of services may extend for up to four years.
4. Subordination	The work is subordinate, as the provision of services must comply with a hierarchical structure. Teaching staff are subject to performance evaluation based on predefined criteria and operate under the authority of the UAB general coordination and course coordination.
5. Remuneration	The work is not unpaid. Fixed amounts are established - 1,300.00 BRL for Supervising Professor I; 1,100.00 BRL for Supervising Professor II; and 765.00 BRL for on-site Tutors - based on academic qualifications, professional experience, and the nature of the activities performed, calculated according to a defined number of teaching hours. However, administrative acts classify this remuneration as a stipend-based compensation, with the intention of characterizing it as a mere financial allowance rather than wages.

Original wording of Article 1, §1 of Law No. 11,273/2006	Amendment to Article 1, §1 of Law No. 11,273/2006 introduced by Law No. 11,502/2007	Amendment to Article 1, §1 of Law No. 11,273/2006 introduced by Law No. 11,947/2009, §1
Art. 1. The National Fund for Educational Development (FNDE) is authorized to grant study and research stipends within the scope of basic education teacher training programs developed by the Ministry of Education, including distance education (DE) modalities, aimed at: I - in-service initial training for basic education teachers not yet certified, at both secondary and higher education levels; II - continuing education for basic education teachers; and III - teacher participation in research and educational methodology development projects in the field of initial and continuing training for basic education teachers. § 1. Teachers may apply for the stipends referred to in the caput of this article if they: I - are in active duty in public school teaching; and I - are affiliated with one of the programs referred to in the caput of this article. (Brasil, 2006).	Art. 1. The National Fund for Educational Development (FNDE) is authorized to grant study and research stipends within the scope of basic education teacher training programs developed by the Ministry of Education, including distance education (DE) modalities, aimed at: I - in-service initial training for basic education teachers not yet certified, at both secondary and higher education levels; II - continuing education for basic education teachers; and III - teacher participation in research and educational methodology development projects in the field of initial and continuing training for basic education teachers. § 1. Teachers may apply for the stipends referred to in the caput of this article if they: I - are in active duty in public school teaching; or (Wording provided by Law No. 11,502, 2007) II - are affiliated with one of the programs referred to in the caput of this article. (Brasil, 2006).	Art. 1. The National Fund for Educational Development (FNDE) and the Coordination for the Improvement of Higher Education Personnel (CAPES) are authorized to grant study and research stipends within the scope of basic education teacher training programs developed by the Ministry of Education, including distance education (DE) modalities, aimed at: (Wording provided by Law No. 11,947, 2009) I - in-service initial training for basic education teachers not yet certified, at both secondary and higher-education levels; II - continuing education for basic education teachers; and III - teacher participation in research and educational methodology development projects in the field of initial and continuing training for basic education teachers and for the Open University of Brazil (UAB) system. (Wording provided by Law No. 11,947, 2009) § 1. Teachers may apply for the stipends referred to in the caput of this article if they: I - are in active duty in public school teaching; or (Wording provided by Law No. 11,502, 2007) II - are affiliated with one of the programs referred to in the caput of this article.

[TFN1] Source: Prepared by the authors.

From salaried professor to stipend-based professor: the precarization of labor relations in the Open University of Brazil (UAB)*,1

From salaried professor to stipend-based professor: the precarization of labor relations in the Open University of Brazil (UAB)^*^,¹