For those who have chosen to build a life in Brazil, attending university can offer an opportunity for professional development, independence, and integration. Access to a scholarship, however, still faces a barrier under the University for All Program (ProUni): the requirement to hold Brazilian nationality.
Brazil’s Federal Supreme Court (STF) will examine whether this restriction is compatible with the Constitution. The issue is being considered in Extraordinary Appeal (RE) 1,614,908, which was unanimously recognized as having general repercussion and registered as Theme 1,476.
What is ProUni, and why is nationality being debated?
ProUni offers full scholarships and partial scholarships covering 50% of tuition at private higher education institutions. Scholarships are awarded subject to the program’s eligibility requirements, including income and selection criteria.
Law No. 11,096/2005, which established the program, reserves these scholarships for Brazilians, including both Brazilian nationals by birth and naturalized citizens. Therefore, holding a residence permit or being recognized as a refugee in Brazil does not satisfy this requirement for Brazilian nationality.
The STF will decide whether migrants and refugees residing in the country may compete for scholarships when they meet the other requirements, even without having become naturalized Brazilian citizens.
How did the case reach the STF?
The case originated in a public civil action brought by the Federal Public Defender’s Office (DPU) and the Federal Public Prosecutor’s Office (MPF). The claimants argue that excluding low-income individuals on the basis of nationality violates equality, the prohibition of discrimination, and the right to education, while also conflicting with legal protections for migrants and refugees.
The claim was dismissed, and the Federal Regional Court of the 2nd Region (TRF-2) upheld the judgment. The court found that lawmakers may define the beneficiaries of a policy funded through tax incentives and noted the existence of other pathways to higher education.
The appeal asks the Supreme Court to examine the limits of this legislative discretion in light of the fundamental rights of foreign nationals residing in Brazil.
What does immigration law say about education?
Brazil’s Migration Law establishes equal treatment, equal opportunities, and equal access to education as guiding principles of the country’s migration policy. Article 4, item X, guarantees the right to public education and prohibits discrimination based on nationality or immigration status.
The ProUni dispute concerns a specific question: how these guarantees apply to a scholarship program at private institutions that requires Brazilian nationality. The STF will examine whether that requirement is compatible with these protections.
Has the STF already opened access to scholarships for migrants and refugees?
Not yet. The recognition of general repercussion means that the Court considers the issue significant and its implications broader than the individual case. This procedural step does not, by itself, remove the nationality requirement or automatically authorize scholarships to be awarded.
The legal rule established in the judgment is expected to guide the resolution of similar cases throughout Brazil. A favorable decision would not mean that scholarships would be awarded automatically: access would still depend on the program’s other requirements and the terms established by the Court.
Why follow this case?
The outcome could expand educational opportunities for low-income migrants and refugees and clarify the extent to which nationality may justify differences in access to education policies.
At Migrasil, we believe that building a life in Brazil also means understanding your rights and finding opportunities to belong. We follow the debates affecting the migrant community and provide guidance on residence, naturalization, and rights in Brazil, with a personal approach tailored to each client.
Need guidance to plan your future in Brazil? Get in touch with Migrasil.