Clipping of news on Brazilian Culture, Law and Citizenship
08.24.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Reservation of school places: after all, can or can not?
It came the time of year when many private schools, eager to fill the vacancies for the following year, send parents the famous wave of reservation for the following year. It is a common practice among private schools, with a view both the demand for places as the internal planning of the institution.
But ultimately, the practice is abusive or not? To answer this question, we need to consider the matter, both the Consumer Protection Code, and by Law 9.870 / 99, which regulates the collection of school annuity.
The aforementioned law, which regulates the collection of school annuity, provides in Article 5 that students already enrolled in default and are guaranteed enrollment renewal for the following year. For many, the issue is resolved here, since if the student is already enrolled and is not in default, will have job security.
However, the same Article 5, in its final part, states that it should be "subject to the academic calendar of the institution, the charter school or contract clause." Ie opens a loophole for others consider that the collection of job reservation is possible.
Let's look at the question, then, in the light of the Consumer Protection Code. The consumerist legislation prohibits any contractual clause that puts the consumer in excessive imbalance in disadvantaged or legal relationship. Also considers abusive practice require the consumer manifestly excessive advantage.
Still on Consumers, it is to observe the principles governing the Consumer Protection Code, including the principle of transparency and objective good faith (a duty of loyalty between the parties).
How to resolve this impasse, then? We have to see what can be actually charged by the educational institution in the remuneration for providing the educational service, which is your tuition. All figures relating to that service provision should be included in school annuity, unless otherwise specified, should be divided into twelve equal installments (or in the case of half-yearly, in six equal installments). However, the educational institution may propose alternative forms of payment, provided that the amounts do not exceed the annual or half-yearly total.
Therefore, school enrollment, for example, should be contemplated in the annual values (or semiannual) established in the contract. An example: your tuition is R$ 6,000.00. The agreement proposes to the value divided in twelve equal monthly installments of R$ 500.00 (the tuition). In this case, the educational institution can not charge, in addition to R$ 6,000.00 annuity, a registration value, for example, R$ 500.00, as this would include a share, exceeding the annual value established in the contract, which total R$ 6,500.00.
They could, however, charge a registration fee in the amount of R$ 500.00, and split the remaining R$ 5,500.00 in twelve fixed partial. Or propose alternative forms of payment such as advance values in the previous year, discount, or the first monthly installments in the previous year, or even negotiate discounts for cash payments or fewer installments. What can not happen is the collection of values in addition to the annuity (or half-yearly) established in the contract.
What about booking places? As a rule, the recovery can not be made, except for those who are not students of the educational institution, as this practice would violate the law. However, can occur in the educational institution considering how vague reserve what actually can be a monthly or advance registration, provided there are favorable terms, or that are not excessively disadvantageous to students already enrolled at the institution.
Eg due to excessive demand, an educational institution decides to charge students already enrolled a so-called value "job reservation" for the following year. Therefore proposes that parents who wish to keep their children at the institution in advance to pay the first month of the following year (or the registration, which actually is equivalent to 1/12 of the annuity), in installments and discounted. In my view, this practice is not abused, it remains in the annuity value will be charged the following year.
However, a warning: if the educational institution determines that the student who made the seat reservation if disconnects from the institution before the start of classes, will lose the amount you paid for the "job reservation", then that provision shall be considered abusive, considering that the consumer puts excessive disadvantage because it negates the refund amounts paid and not used in any way by the consumer, since the service even begun.
But if the educational institution establish a fee to reserve places, quite simply, and even charge an annuity, not being the amount of this reserve contemplated in the contractual annuity, characterized abuse, and the consumer can be refunded in double amount charged improperly.
We realize that everything is a matter of common sense. If the educational institution cherishes the principles laid down in the Consumer Protection Code and follows the current legislation for the recovery of educational services rendered, find alternatives for students to remain enrolled without violating any rights. Fit transparency, objective good faith and dialogue between the parties so that everyone feels respected.
Source: Uol
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This article was translated by an automatic translation system, and was therefore not reviewed by people.