Educational services and consumer law
Keywords:
Consumer law, Improper public services, Contract of educational services, Plurality of sources, Dialogue of sources.Abstract
Educational services performed by private enterprises are considered to be improper public services. Such services are regulated by consumer law. The contracts of educational services are submitted to a plurality of normative sources, which invites the interpreter to employ the method of the dialogue of sources. The performance of educational services within the classroom aula is not directly regulated by the Brazilian Código de Defesa do Consumidor, but their circumstances influence the consumer relation. By applying the standard of the “permanent juridical position” the interpreter may identify with greater defect precision the positions of the supplier and the consumer. Quality faults cannot be assessed within the educational relation. The performance of educational services cannot be interrupted within the educational year or semester, according to the principle of mitigated continuity. The amount of the financial penalty is limited to 2% (two per cent) in educational services contracts.Downloads
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