Students in higher education as consumers of services provided by the University

Abstract

The purpose of this study is to understand the scope of applicability of the norms foreseen in the Consumer Protection Law to the relations established between the Portuguese higher education institutions, public and private, and the students who attend them. We critically analyze the fact that the jurisprudence considers the relationship of the student with a public higher education institution as a tax relation, because it is based on a synallagmatic scheme of remuneration of a public education service provided, constituting the fee the due pecuniary compensation. A review of the literature will be carried. We will use a deductive and speculative reasoning based on the positions defended by foreign doctrine, law and jurisprudence. The purpose of our reflection is not only to call attention to the precarious system that the law offers to the sub judice problem, but also to the necessary protection of those rights.