Post by messi05 on Jan 24, 2024 4:43:28 GMT
Offering a course not recognized by the Ministry of Education constitutes a failure to provide the service and omission of relevant information, which generates moral damage. This was understood by the 1st Appeal Panel of the Federal District Court of Justice when determining that an educational institution compensate a former student who graduated, but was unable to validate the diploma due to lack of MEC certification. The author, who graduated in Physical Education, was unable to receive a definitive professional card from the class council because the bachelor's degree course did not have official authorization.
The defendant claimed to have taken all Buy Phone Number List measures to regularize the course, but was awaiting a response from the MEC, which did not correctly migrate the data between its computerized systems. The first instance court found that the institution acted improperly and violated the consumer's right to information by having offered the service during the period pending regularization without notifying students. "Therefore, the refund of the amounts spent by the plaintiff, as well as compensation for extra-patrimonial damages, is a measure of law that is necessary, since, under the terms of article 14 of the CDC, the service provider has to repair the damage to consumers, regardless of fault, if there is insufficient or inadequate information", he added.
As a result, the educational institution was ordered to pay R$8,200 to reimburse the student for the amounts invested in the course without recognition from the MEC, and R$3,000 as compensation for moral damages. The defendant appealed to the TJ-DF, which unanimously denied the request. "If the course is offered, pending its recognition by the Ministry of Education, the failure in the provision of the service must be recognized, as well as the omission of relevant information to the consumer by educational institutions, now recurring, resulting in , as a consequence, material and moral damages to the author", says the ruling.
The defendant claimed to have taken all Buy Phone Number List measures to regularize the course, but was awaiting a response from the MEC, which did not correctly migrate the data between its computerized systems. The first instance court found that the institution acted improperly and violated the consumer's right to information by having offered the service during the period pending regularization without notifying students. "Therefore, the refund of the amounts spent by the plaintiff, as well as compensation for extra-patrimonial damages, is a measure of law that is necessary, since, under the terms of article 14 of the CDC, the service provider has to repair the damage to consumers, regardless of fault, if there is insufficient or inadequate information", he added.
As a result, the educational institution was ordered to pay R$8,200 to reimburse the student for the amounts invested in the course without recognition from the MEC, and R$3,000 as compensation for moral damages. The defendant appealed to the TJ-DF, which unanimously denied the request. "If the course is offered, pending its recognition by the Ministry of Education, the failure in the provision of the service must be recognized, as well as the omission of relevant information to the consumer by educational institutions, now recurring, resulting in , as a consequence, material and moral damages to the author", says the ruling.