Utilização de cobranças alternativas e medidas executórias atípicas para mitigar os impactos orçamentários da lei 9.870/1999 no ensino escolar privado

Abstract

This study examines the legal and practical nuances of alternative collection methods and atypical enforcement measures within the context of private education in Brazil. Faced with the growing issue of student default, which jeopardizes the financial sustainability of educational institutions, this research explores how legislative developments, particularly Article 139, IV, of the Brazilian Code of Civil Procedure (2015), have paved the way for innovative collection mechanisms. The study investigates the impact of these measures on contractual relationships between schools and students' guardians, emphasizing constitutional principles that safeguard the right to education and human dignity. Additionally, it analyzes the ethical and operational challenges associated with the implementation of such measures, highlighting the need to balance effective debt recovery with the protection of fundamental student rights. The findings indicate that, while atypical enforcement measures can be effective, their application must adhere to proportionality and reasonableness to ensure that the right to education remains uncompromised.