São Paulo Public Ministry v. Notre Dame Association

Extraordinary Appeal 163.231-3 (São Paulo) RE-163231 (1997)

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São Paulo Public Ministry v. Notre Dame Association

Brazil Supreme Court
Extraordinary Appeal 163.231-3 (São Paulo) RE-163231 (1997)

Facts

The São Paulo Public Ministry (the public ministry) (plaintiff) sued the Notre Dame Association for Education and Culture (Notre Dame) (defendant) on behalf of parents, students, and third parties, alleging that Notre Dame violated the tuition limits set by the State Education Council when it raised the institution’s tuition. The trial court rejected Notre Dame’s argument that the public ministry lacked standing to sue and ordered Notre Dame to stay within the state-established tuition limits. Notre Dame appealed. The appellate court reversed, ruling that the public ministry lacked standing to sue on behalf of the parents, students, and other third parties. The public ministry then appealed to the Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Correa, J.)

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