摘要：Since the end of the 20th century, the Brazilian government has adopted measures to expand the higher education system through the private sector. Although this characteristic has never been well discussed by the government nor by society, it has brought concrete implications to the regulatory landmark of Brazilian higher education. Which criteria should be used to regulate the offering of courses? In this regard, this article examines, based on the concept of ‘social need’, the challenges encountered to legally define the functions and objectives of a Higher Education Institution. We argue that the lack of precise definition of these legal concepts creates mechanisms for regulation that are not coherent, neither according to educational nor to juridical logic.
