The mother of an elementary school student filed a lawsuit against the school principal after her daughter failed due to absence. The case took place in Vila Velha, Holy Spirit, in 2019 and was processed at the Court of Justice of Espírito Santo (TJES). The judge did not accept the student's family's request.
At the time, the elementary school student had 298 absences and was rejected by the school, unable to take recovery tests.
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According to the information, the student's family claimed that the absences were due to health reasons. The school director informed that the student was absent regularly and there was no reason for the situation to be analyzed.
In an official TJES note, it was found that the child's mother, already in 2019, knew about the number of absences of her daughter. In addition, “the student had previously failed at another school, for the same reason”.
Understand the judge's analysis of the case
The case had been in court since 2019, but the sentence was established in July 2023 by the Court of Justice of Espírito Santo (TJES).
According to the sentence, the judge did not accept the request for moral damages and also highlighted the laws on the minimum workload of school education.
A Law 9.394/96 on school education determines that the workload must be above 800 hours. Thus, the academic year must be at least 200 days in order to consider the student's approval.
The magistrate also pointed out that the student's mother was informed about the "critical status in relation to her tests for grade recovery, maintaining low academic performance" during the year. Likewise, the school also notified the tutelary council about the case.
Considering the above facts, the judge declared the request inadmissible and considered the school's conduct as adequate. For him, the student “did not meet the requirements for her right to approval”.
