Cancellation and penalty
The termination penalty must be proportional to the remaining term and provided for in the contract. High percentages or charging future tuition are considered abusive.
Schools · consumer relations
Schools before the consumer agency: how to answer complaints, avoid fines and reduce consumer suits
The relationship between a school and a family is a consumer relationship. Complaints to the consumer agency about cancellation, increases, materials and service follow deadlines and can turn into administrative fines and small-claims suits. A technical answer within the deadline changes the outcome.
Straight answer: the most common complaints against schools and what the law says
The most frequent complaints concern enrollment cancellation with a penalty, retention of amounts paid in advance, tuition increases without a cost spreadsheet, charges for teaching materials and extra fees, and changes of conditions during the year. The law allows a proportional and reasonable termination penalty, requires justification of increases, prohibits fees not provided for in the contract and bans tying the sale of materials. The school must answer the notice within the stated deadline, usually 10 days, with documents, and attend the conciliation hearing when scheduled.
This page is for sponsoring entities, principals and those responsible for family relations at private Brazilian schools, courses and educational institutions. We serve companies throughout the State of São Paulo, Brazil, with meetings at our Paulista or Tatuapé offices or by video call, and act before the São Paulo courts (TJSP), the labor courts (TRT-2, TRT-15), the federal court (TRF-3) and administrative bodies.
Recurring topics and how the school positions itself
Annual increase
The school must disclose the amount in advance and keep a cost spreadsheet justifying the increase. Mid-year increases are not allowed.
Materials and fees
The materials list must be for the student's individual use; enrollment, event and uniform fees may only be charged if provided for and disclosed.
Withdrawal before the start
Enrollment amounts may be partially retained under the contract, but full retention tends to be considered abusive.
Service failures
Complaints about communication, change of teacher or schedule are resolved with a record and a formal answer, avoiding escalation.
Administrative fine
If the complaint is not resolved and the agency finds an infraction, it may impose a fine. The defense in the administrative proceeding has its own deadline.
Mistakes that worsen the complaint
Not answering within the deadline
A missing answer is recorded and may generate a fine, besides harming the school at the hearing and in any lawsuit.
Answering with arguments, not documents
The agency assesses the contract, communications and receipts. Answers without documents are treated as unproven.
Treating the family as an adversary
The complaint is an opportunity to end the conflict at low cost. A combative stance usually leads to small claims.
How the advisory works
1. Analysis of the complaint
Reading the complaint, the contract and the history to define the school's position.
2. Answer and hearing
Documented submission within the deadline and participation in the conciliation hearing with a viable proposal.
3. Administrative and judicial defense
Defense in fine proceedings and in small-claims or civil suits when conciliation fails.
Review the contract before each school year begins. Most consumer agency complaints arise from cancellation and increase clauses that could have been adjusted before enrollment.
Frequently asked questions about schools and the consumer agency
What cancellation penalty may a school charge?
The penalty must be proportional to the remaining term and the loss, generally accepted at moderate percentages of the remaining tuition or of one month's tuition. High percentages and charging the whole year are considered abusive.
Is the school required to attend the consumer agency hearing?
The hearing is not mandatory, but absence is recorded and the complaint proceeds without the school's version. Attending with a proposal usually ends the conflict.
Does a consumer agency complaint prevent a lawsuit?
No. The family may go to small claims regardless of the agency, and the complaint record is usually used as evidence in the suit.
Official references and related pages
Brazilian rules of reference for school consumer relations. Law 9,870/1999 and the São Paulo consumer agency's guidance complete the picture.
Received a consumer agency notice?
Send the notice and the contract through the secure channel. The screening identifies the deadline and the appropriate answer.