STF deems general discount on university tuition unconstitutional

The STF (Supreme Federal Court) ruled unconstitutional the court decisions that granted discounts on tuition fees in all college contracts during the Covid-19 pandemic. By 9 votes to 1, the Court took the measures without evaluating the economic effects for both parties and the specific case of each student, violating the constitutional principles of free enterprise and equality. The decision does not have automatic effects in cases with a final and unappealable decision, which cannot be appealed further.

The STF decision ruled out the judicial interpretations that grant discounts based only on the outbreak of the pandemic and on the effect of the transposition of classroom classes to virtual environments, without considering the peculiarities of the effects of the pandemic crisis on both contractual parties involved, the characteristics of each course and the economic condition of the students.

Each court will need to consider the student’s socioeconomic status and how the pandemic affects the educational institution.

The rapporteur, Minister Rosa Weber, highlighted a series of requirements that she considers essential for the characterization of economic vulnerability and excessive onerousness in contracts for the provision of higher education services due to the pandemic. Among them are the characteristics of the course and the analysis of the costs of an eventual change from teaching to the electronic remote way and the financial investment in education platforms.

Minister Nunes Marques was the divergent vote when he understood that there is no offense to a fundamental precept in the contested decisions.​

Actions filed by the Crub (Council of Rectors of Brazilian Universities), which represents 130 universities, university centers and faculties, were judged by the STF; and by Anup (National Association of Private Universities), alleging that the power to negotiate individually with parents or students was withdrawn from private schools, benefiting those who did not have their income affected.

The entities questioned 18 lawsuits filed by parents and students in nine states of the country, demanding discounts of up to 50% on tuition due to the imposition of distance learning and other difficulties imposed by the pandemic.

In São Paulo, according to Sieeesp (Union of Teaching Establishments in the State of São Paulo), the discount was not mandatory in São Paulo. “At the time, we made an agreement with Procon, and they recognized the unconstitutionality of the intention to lower monthly fees linearly”, says Benjamin Ribeiro da Silva, president of Sieeesp.

“Whoever granted it was willingly, there was no rule or law that forced them to grant linear discounts”, says Silva, who guarantees that the STF decision recognizes that Justice cannot interfere in a process that is governed by a specific law.

According to lawyer Rômulo Saraiva, whoever received a discount on the monthly fee due to a court decision and is now charged to pay the difference can go to court to avoid payment.