Open AccessDIRIGISMO JUDICIAL NOS CONTRATOS EDUCACIONAIS: LIMITES E CRITÉRIOS À INTERVENÇÃO ESTATAL NO PREÇO DAS MENSALIDADES ESCOLARES.
Author(s) -
Marcelo Farina de Medeiros
Publication year - 2021
Publication title -
colloquium socialis
Language(s) - English
Resource type - Journals
ISSN - 2526-7035
DOI - 10.5747/cs.2020.v4.n4.s125
Subject(s) - constitution , intervention (counseling) , warranty , law and economics , state (computer science) , equity (law) , law , political science , social contract , order (exchange) , economics , sociology , finance , mathematics , psychology , politics , algorithm , psychiatry
Since the normativeorganization supported by an analytical Federal Constitution, containing general and abstract norms that claim the judges to active participationin the realization of justice, in specifics cases, has been opened space for judicial activism. In the theoryof the contracts, the formulations of new paradigms, such as equity, good faith and social function authorizes the state intervention in privatesbusiness. Especially in the adhesion contracts, in consumer relationships. State intervention, however, have to respect constitutional principles, such warranty of free enterprise, and private property. This article, therefor, through the deductive method, aims to contribute to the considerations ofthe possibility of states intervention in privateeducationalcontracts, reconciling the capitalist model adoptedin Federal Constitution order and the guarantees inherent to with the protection of consumers, without this implying as affront to the Federal Constitutionlimits.To this is necessary to apply the techniqueof weighing constitutionalrights in conflict. The article suggests that State should not intervene in setting private prices, but to facilitatepayments.