The Attorney General of the Republic, Augusto Aras, declared that the rule that prohibits a private university from refusing enrollment of students who are in default during the pandemic period is unconstitutional.
“Based on the constitutional precepts that deal with the division of normative powers, in particular, to provide for civil law, on the principle of proportionality, on free initiative, on isonomy and on university autonomy, the STF declared the unconstitutionality [desses atos normativos]” says Aras.
The action was filed by the National Association of Private Universities (Anup). According to Aras, the proposal, taken to the Federal Supreme Court (STF), became institutional.
Anup argued to the STF that article 6 of state law 8.915/2020, in Rio de Janeiro, takes away the financial autonomy of higher education institutions.
The passage of the law says that “the private higher education establishment cannot refuse the enrollment or enrollment in subjects of a student who has been in default during the term of the state of public calamity established by Law No. , and was signed by the former governor of Rio de Janeiro Wilson Witzel.
The RJ law also states that “the private higher education establishment may not charge fines, interest, monetary correction or other charges on monthly fees delayed up to 30 (thirty) days after the due date, during the period in which the state of public calamity resulting from the coronavirus pandemic.
According to Anup, the general rules on education must be edited by the Union (paragraph 1 of article 24 of the Federal Constitution).
According to the attorney general, “the matter would be included in the area of law related to consumer protection and defense and, therefore, the matter should be of concurrent competence between the Union, states and the Federal District.”
Aras also states that it is appropriate to maintain the “same position in the case of the case, which is why he considers the merits of Anup’s request.”
Source: CNN Brasil
