Academic and Scientific Freedom: Dimensions and Contemporary Problems

Abstract

This paper analyses a) dimensions, functions, foundations, relations and actors of academic and scientific freedom in contemporary constitutionalism and b) some dilemmas of this freedom especially in Brazil. About the first issue, there is an individual right of academic and scientific Freedom that protects speech, research and teach of professors and teachers and that defends speech and research of scientist and researches in general, but also recognizes freedoms of speech and of research of students and parents. Otherwise, institutional protection of academic and scientific freedom allows authorities, councils and borders with broader or smaller participation of academic and scientific community to decide important matters. Inspired in Frederik Schauer’s work, three dimensions and conflictual relations are designed: a) government versus professors, teachers, scientist, researches and students, b) government versus authorities, councils and boards from University, Research Institution and School and c) authorities, councils and boards from University, Research Institution and School versus professors, teachers, scientist, researches and students. After examined these dimensions and some judicial cases in United States, Germany and Brazil, this article reflects about two contemporary situations: 1) university discipline about the impeachment of former President Dilma Rousseff, discussing recent and polemical political themes and 2) educational actives about plurality of families, sexual orientation and gender uniquely, concluding that those themes and practices are covered by academic and scientific freedom.