Post by account_disabled on Mar 12, 2024 23:35:44 GMT -7
Online classes offered by educational institutions during the coronavirus epidemic do not constitute a breach of contractual provisions, but rather a very welcome option, given the chaos experienced by the entire population, being a way of entertaining students and encouraging them, in some way, the continuity of the educational process, keeping the contracted professional service active.
reproduction
Online classes do not constitute a breach of contractual provisions, says TJ-SP
With this understanding, the 17th Chamber B2B Lead of Private Law of the Court of Justice of São Paulo denied the request of the mother of a five-year-old child to suspend online classes and force the school to resume in person, until the end of the year. The mother claims she does not have a computer at home nor is she in a position to install the digital platform provided by the school, in addition to having another one-year-old son, which prevents her from closely following the older child's classes.
According to the rapporteur, judge Afonso Bráz, there is no way to conclude that, given the interruption of the normal functioning of the school due to force majeure (coronavirus epidemic), the provision of online activities is a breach of the obligation to provide services educational. “Not only is it not a breach of contract, but it is also a commendable effort, or at least possible fulfillment of the contract, to make the educational service available in another way”, he added.
The judge did not see in the case the “blemishes reported by the appellant, which is why the plausibility of the alleged right cannot be seen, capable of providing an opportunity to grant, in the context of provisional protection, the initial claim”. He highlighted the initiative of educational institutions that implemented digital platforms to teach online classes, “a viable option to avoid the setback of student teaching”.
Amid worldwide concern about the spread of the coronavirus, Bráz said that there is an opportunity to learn important lessons about education via a digital platform, online interaction between student and teacher, so that, contrary to what was maintained by the aggravating party, the initiative adopted by the school is “commendable and does not deserve any reproach”. The decision was unanimous.