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University will pay moral and material damages for delaying delivery of diploma

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發表於 2024-3-7 14:19:49 | 顯示全部樓層 |閱讀模式

The excessive delay in delivering the higher education diploma, without plausible justification, violates personality rights guaranteed in section X of article 5 of the Constitution. But it can also give rise to the payment of compensation for material damages if it is proven that this delay prevented the recent graduate's professional advancement. The plea led the 20th Civil Chamber of the Court of Justice of Rio Grande do Sul to confirm a sentence that ordered a university to pay compensation for material and moral damages to a professor in the city of Rio Grande. She was prevented from progressing in her career because she spent more than a year without receiving her Pedagogy diploma.

In both levels of jurisdiction, the failure to provide Iran Telegram Number Data services was clear, in light of the Consumer Protection Code. In addition to increasing the value of the moral damage, which went from R$3,000 to R$5,000, the panel maintained the provision of the sentence that ordered the educational institution to pay the salary differences that the author would have obtained as a teacher in the state of Rio. Grande do Sul and the municipality of Rio Grande if he had received the diploma in a timely manner. Frustrating delay In origin, judge Carolina Granzotto, from the 1st Civil Court of the District of Rio Grande, wrote in the sentence that the configuration of moral damage was evident.



The situation faced by the author could not be seen just as a mere inconvenience or everyday annoyance. ''In effect, the lack of a diploma, as well as the unjustified delay in delivery, is a reasonable reason to generate frustration for the applicant, as it made her professional advancement unfeasible, having significant repercussions on her moral sphere,'' he added. The rapporteur of the appeals at TJ-RS, judge Glênio Wasserstein Hekman, followed the same line. ''We come to the conclusion that the passage of this entire period of time is not plausible for the purposes of obtaining this fundamental document for the work of the newly graduated professional, as well as in view of the current technologies that our current society has at its disposal.

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