O Procon-sp emitiu nesta semana uma nota técnica que visa ajustar as relações de consumo entre alunos e faculdades particulares. Isso em decorrência da situação extraordinária de calamidade pública, que afeta a todos. A ideia é que essas diretrizes passadas pelo Procon-sp ajude a harmonizar e equilibrar os interesses dos participantes dessa relação de consumo.
A nota foi divulgada após uma reunião com 223 representantes de instituições de ensino e o SEMESP, sindicato que representa essas instituições, manifestou apoio.
Dentre as diretrizes fica estabelecido:
1) A instituição de ensino deverá disponibilizar um canal de atendimento ao consumidor para tratar das questões financeiras.
2) as demandas dos consumidores deverão ser atendidas com rapidez e as instituições deverão negociar alternativas para o pagamento das mensalidades.
3) A Instituição de Ensino Superior deverá atender os padrões estabelecidos na Lei de Diretrizes e Bases da Educação Nacional, de acordo com as diretrizes do MEC, na realização de aulas por meio de recurso tecnológico à distância, conforme portarias publicadas, durante todo o período de calamidade pública provocada pela pandemia.
4) A IES não pode se recusar a responder o pedido de agendamento da reunião de negociação, devendo informar uma data para a negociação no prazo máximo de 15 dias corridos a contar do pedido de atendimento.
5) A instituição de ensino não poderá exigir documentos como pré-condição para agendar a negociação. A exigência será interpretada como recusa em negociar.
6) A recusa em agendar data para a negociação, a ausência de resposta sobre essa data decorridos 15 dias da solicitação, sem justa causa, caracteriza prática abusiva.
7) Durante a negociação, as IES poderão exigir somente os documentos estritamente necessários que comprovem a falta de condição de pagamento, vedada a exigência de documentação coberta pelo sigilo bancário ou fiscal.
8) São condições necessárias e imprescindíveis para a negociação ou acordo a boa-fé bilateral e a transparência, devendo ser considerada a vulnerabilidade do consumidor.
9) Na hipótese de não agendamento de reunião de negociação ou de inexistência de acordo sem justificativa por parte da instituição de ensino superior, o Procon/SP poderá instaurar procedimento administrativo para apurar prática abusiva.
10) As instituições de ensino comprometem-se a cadastrar e/ou manter o seu cadastro atualizado na Diretoria de Atendimento e Orientação do ProconSP, o que pode ser feito através do e-mail: cadastro.fornecedor@procon.sp.gov.br.
O não atendimento dessas diretrizes pode implicar na abertura de processo administrativo contra a Instituição de Ensino Superior, para apuração de prática abusiva. Confira aqui a nota técnica completa do Procon-sp sobre as faculdades particulares..
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