REEQUILÍBRIO CONTRATUAL COM AS INTITUIÇÕES DE ENSINO PRIVADAS NA PANDEMIA

Abstract

In the year 2019, the world was surprised by a virus capable of forcing governments and nations to take drastic and urgent measures such as social isolation, lockdown, curfews, closing of businesses, schools and businesses. The coronavirus pandemic has affected all types of relationships. Personal, interpersonal, legal and contractual relationships. Among these, the contractual relations between educational institutions and their students were deeply damaged by the crisis (pandemic and economic) that affected the whole world. Therefore, it is necessary, through the analysis of the contractual principles of objective good faith, of the social function of the contract and its derivations; the analysis of the theory of unpredictability and its application in the pandemic; and the analysis of current jurisprudence on the adjustment of school fees, seeking to assess whether or not there was an imbalance in the contractual relationship and how to achieve contractual rebalancing with private educational institutions during the pandemic, always taking into account the ethical and human factor, fundamental in a pandemic context.