In a decision issued on 6/15/2020, the 6th Public Finance Court of Rio de Janeiro suspended the effectiveness of the state law 8.864/20, which regulates the discounts on tuition from private schools in the state of Rio de Janeiro during the Covid-19 pandemic.
The writ of mandamus was filed by the Trade Union of Educational Institutions of the State of Rio de Janeiro, under the argument that the law is unconstitutional, due to usurpation of the Union’s exclusive competence to legislate on matters of Civil Law and contracts, which was accepted by the judge.
The full text of the decision in Portuguese can be accessed here.
A similar decision was recently issued by the Court of Appeals of the State of Paraiba, which also suspended the effectiveness of the state law that guaranteed discounts on school fees during the pandemic on the grounds of usurpation of the Union’s private competence to legislate on the matter. Comments on this decision can be accessed here.