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Brazilian Federal Supreme Court upholds rules that predict for a compulsory contribution of students enrolled in Military Schools

The Plenary Meeting of the Brazilian Federal Supreme Court (STF), unanimously dismissed the Direct Action for the Declaration of Unconstitutionality (ADI) 5082 and declared the validity of rules that provide for the compulsory contribution of students enrolled in Military Schools. At the meeting on Wednesday (24), the Justices accompanied the vote of the rapporteur, Justice Edson Fachin, in the sense that the contributions to the students of the military colleges do not represent an offense against the constitutional rule of gratuitous teaching in official establishments.

In the action, the Attorney General's Office (PGR) challenged the articles of Law 9,786 / 1999 of Ordinance 42/2008, of the Army Commander, which approves the Regulation of Military Schools. Article 20 of Law 9,786 provides that financial resources for the teaching activities of the Brazilian Army are budgetary and extra-budgetary, and are obtained through contributions, grants, loans, indemnities, and other means.

The vote of the rapporteur

In his vote, the Rapporteur first observed that the Military Schools, members of the Army's education system, have peculiarities that differentiate them from official educational establishments and qualify them legally as sui generis (peculiar) educational institutions.

Fachin stressed that the monthly school fee can't be understood as a tribute. The contributions to which students are subject, as provided for in article 82 of Ordinance 42/2008 of the Army Command, are not taxes, "taking into account the possibility of joining this system of education, according to meritocratic criteria, as well as the contractual nature of the legal relationship formed ".

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