A message from a viewer arrived in our program’s email about a father’s outburst, shared on Facebook. According to the publication, the 12-year-old son accidentally broke a glass at school and the minor himself paid for the loss, with the amount being deducted from his student card. But is this procedure legal? SIC Verifies.
On Facebook, the father of a 12-year-old student shared a post in which he stated that his son “accidentally” broke a glass in the school canteen and that he ended up paying, with the amount being removed from his student card.
Outraged, he criticizes the fact that the payment was made by the minor and without, according to him, prior communication about the situation to the person responsible.
Speaking to SIC, the father, who did not want to be identified to protect the minor’s identity, said he was surprised to discover that the son had already paid the amount of R$ 1.10, removed from the student card, without the guardian having been notified in advance about the need to pay the loss.
The father guarantees that his son’s mother, who is responsible, was never informed of the situation and, indignant, criticizes the fact that the payment was made by the minor.
“I can’t accept that a payment will be made to my son. He has a guardian”, he states, adding that “it’s not a 12-year-old kid who has to make a payment”.
Despite recognizing that students must be held responsible, he argues that this process must involve parents.
Is it legal for a minor to pay for an object they damage at school?
In response to SIC Verifica, the director of the Group, Bela Matos, has another version of the story: it states that there was no imposition of immediate payment.
“The student himself, after lunch, went to the school’s PBX and informed the operational assistant that he was there to pay for the glass that had broken in the cafeteria.”
The person responsible also guarantees that there is no “no obligation [dos alunos] immediately pay for the broken material. They will do so as soon as possible, in person or through their guardian.”
The director emphasizes that those in charge of education “are made aware, annually, of [no arranque do ano letivo, nas reuniões de receção aos alunos e dos seus pais] of the Group’s Internal Regulations”, including those operating the cafeteria, adding that the document is publicly available and that, therefore, “they cannot claim a lack of knowledge of the rules that guide the cafeteria of our main school”.
Regarding communication with parents, he says that “children themselves inform their parents (because they are autonomous and because the school encourages them to be) or, alternatively, the School itself informs the Education Officer, directly or through the Class Director”.
What if the student doesn’t have the amount at that exact moment? Bela Matos guarantees that the situation can be “regularized later, whether the next day, the following week or whenever possible”, there is no deadline for “the student or guardian” to make the payment.
Does a 13 year old child have legal capacity?
To SIC, lawyer Patrícia Santos Ferreira explains that “legislation always prevails” e que deain accordance with the Civil Code, “a 13 year old child does not have legal capacity”.
“Both the civil code, which is very clear regarding the legal capacity of a minor, and the EThe student’s status always prevails over the school’s regulations, whatever the circumstances”, explains Patrícia Santos Ferreira.
Furthermore, the lawyer points out that “any damage caused by the student must be reported to the guardian”consequently raising the question of authorization to pay for this glass.
“The person in charge of education did not give authorization for the payment of this amount, and, therefore, it is not legitimate for the school to remove any amount from the student card that is not authorized by the person in charge of education”, he warns.
Patrícia Santos Ferreira reremembers the existence of the school insurancewhich “may cover any damages or personal accidents caused by a student in a school context”.
“Therefore, it is not correct and even raises some reservations of legitimacy that the school has directly requested, voluntarily or involuntarily, the payment of damages to this student”, he concludes.
SIC Verifica contacted the Ministry of Education, but did not receive clarification.
SIC verifies that it is…
Although the cafeteria’s internal regulations provide for repair or compensation for damages, the legislation prevails over these rules. The Student Statute and School Ethics determines that the responsibility for paying for damages caused by minors lies with the parents or guardians, not the student. Furthermore, according to the Civil Code, minors do not have the legal capacity to assume this type of obligation.
