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
Issue
Section
License
COPYRIGHT
The submission of originals to Direito & Justiça implies the transfer by the authors of the right for publication. Authors retain copyright and grant the journal right of first publication. If the authors wish to include the same data into another publication, they must cite Direito & Justiça as the site of original publication.
CREATIVE COMMONS LICENSE
As this journal is open access, the articles are allowed free use in scientific and educational applications, with citation of the source.
According to the type of Creative Commons License (CC-BY 4.0) adopted by Direito & Justiça, the user must respect the requirements below.
You are free to:
Share — copy and redistribute the material in any medium or format.
Adapt — remix, transform, and build upon the material for any purpose, even commercially.
However, only under the following terms:
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests Direito & Justiça endorses you or your use.
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
For more details on the Creative Commons license, please follow the link in the footer of this website.
