His Excellency Dr.

JUDGE the Special Civil Court of the District of ____________

____________.
_______________________________________ ________________________________________
___________________ _______________ (YOUR FULL NAME QUALIFICATION, ADDRESS, TELE
PHONE) comes with due respect and reverence, before the distinguished presence o
f Your Excellency, to propose, as indeed proposed this
OBLIGATION TO MAKE
with injunctive relief with focus in Articles 247-249 of the CC, and 273 of the
CPC, in the face of ___________________________________________________________
___________________________________ (NAME AND ADDRESS OF SCHOOL) for the facts a
nd reasons set out below: I - THE FACTS (Make here a summary of facts)
This part of the model should be modified. So I left for you to see a model. Des
cribe the facts clearly, accurately dates. In the end it clear that the Universi
ty is refusing to make enrollment to justify the granting of injunctive relief (
requiring the college to give the same degree without the payment within 36 hour
s after entering the action)
1.1 The number of the applicant's son attended the school for the establishment
of 3rd
education, paying monthly fee of R $ 270.00 (two hundred seventy dollars) per mo
nth. 1.2 The booklet from the course in question is paid off, with the last inst
allment was duly paid on the last day 12.7.2007 (doc. attached). 1.3 No payment
despite the above, the college gave the applicant requested a collection entitle
d "Kit Graduates' worth R $ 140.00, payable in two installments of $ 70.00 (seve
nty dollars), maturing in 20 days / 12/2007 and 20/01/2008 respectively (doc.ane
xo). 1.4 In search for the college, an official of the secretariat reported that
the kit Graduates "is the following rates: a) Publication in official gazette,
b) Diploma, c) certificate of completion, d) transcripts. When trying to argue w
as informed that the payment was mandatory. Given the situation, the father of t
he applicant approached the Office of the State of Rio de Janeiro, and carried o
ut extrajudicial notification of the defendant, hoping that proved unsatisfactor
y response (documents attached). 1.5 The prosecutor, 3rd prosecutor's office of
the Trusteeship Collective Niterói and Rio Bonito, in an attitude of agreement
with the applicant has opened a civil investigation, which won the No. 48/2007,
sending the craft on 20.12.2007 No. 155/2007 requesting clarification of the col
lege required. 1.6 The applicant has been duly approved in entrance exam, accord
ing to the schedule of the educational institution to register must provide the
registration on 29.01.2008 being required to produce the documents in the KIT Gr
aduates which a defendant has said that only provide payment.
Thus, given the situation they find the defendant, glimpsing the possibility of
failing to release the documentation necessary for
enrollment in higher education entity, found no other alternative but to resort
to the judiciary. II-THE RIGHT
(This part need not be modified).
1. The obligation to make 1.1 It is the applicant's entitlement to obtain the di
ploma, which is evidence of training needed to go to the next stage in its forma
tion: the higher level. 1.2. The law strictly prohibits the withholding of docum
ents from the student, including the diploma. Is not allowed to hold even when t
he student is in default, as the Law 9.870/99, verbatim:
Art 6th St. prohibited the suspension of school exams, the retention of school d
ocuments or application of any other penalties for pedagogical reason of default
, subject to the contractor, as appropriate, legal and administrative sanctions,
consistent with the Code of Consumer Protection, and the arts. 177 and 1092 of
the Civil Code, if the default persists for more than ninety days.
1.3 Thus, the obligation to set up, along the lines of Article 247 of the Civil
Code, for which the college has requested the civil obligation to provide the di
ploma to the applicant, regardless of the discussion due to be paid or not. The
defendant can not excuse himself to deliver the proof of the applicant's academi
c background, saying it was necessary to pay for publication. Since the publicat
ion is needed, its cost should be borne by the college initially requested, whil
e the legal issue is pending. 1.4. Whereas the Law 9.394/96, Law of Education do
es not establish guidelines or adjusts the fees for granting licenses, it is ass
umed that such costs are already, or should be included in the monthly fees paid
throughout the year. Moreover, Law No. 9870 of 1999€which provides for the ful
l amount of tuition does not mention or authorize such a recovery. However, when
the student enrolls in a course in high school, the goal is at its end
have proof of his conclusion which is implicit in the provision of service. 1.5
relating to charging for issuing the certificates, there was Resolution No. 01 a
nd 03 of the Federal Council of Education, which was dissolved and gave way to t
he current National Council of Education. Verbatim: "Resolution No. 01/1983-CFE.
Art. 2 constitute educational burden of responsibility of the student body: ...
....................... ................................. 1 The annual school tu
ition split into two, is the pecuniary consideration relevant to education provi
ded and the provision of services to it directly tied to the registration, requi
red internships, use of laboratories and library, teaching materials for collect
ive use, material for the tests and examinations, a second copy of documents for
transfer, certificates or diplomas (official model) for completion of courses,
student identity, the report cards, schedules, school schedules, curriculum, and
programs. " (Emphasis added) "Resolution No. 03/1989-CFE. Art. 4 They are educa
tional burden of responsibility of the student body: ..........................
.................................. 1 The tuition payment is the consideration co
rresponding to the education provided and the provision of services directly rel
ated to it as registration, required internships, use of laboratories and librar
y, teaching materials for collective use, material for the tests and examination
s, certificates of completion of courses, student identity, the report cards, sc
hedules of school schedules, curriculum and programs "(underlined) The National
Board of Education so far has not modified or revoked such resolutions, which is
why we understand that they are still in force. This is the understanding
Recent case law:
majority,
second
the
judged
"Civil Procedure. ADMINISTRATIVE. WARRANT OF SAFETY. DECLINE NOT OBSERVED. HIGHE
R EDUCATION. NEGATIVE OF DISPATCH OF DIPLOMA. COLLECTION OF TAX. ILEGALITY. ART.
2 OF THE RESOLUTION No 001/83 OF THE FEDERAL COUNCIL FOR EDUCATION AND ART. 6 O
F LAW No. 9.870/99. Filling OF APPEAL. 1. Mera information about the future prac
tice of the impugned act does not serve as the crucible of deadline for the fili
ng of decay. 2. Not having 120 days elapsed between receipt of the correspondenc
e that the impugned act and materialized filing of the writ of mandamus, it is u
nnecessary to speak of decadence. 3. Pursuant to art. 2 of the Resolution / CFE
No. 001/83 and art. 6 of Law No. 9.870/99, is illegitimate act that denies the e
xpedition diploma for non-payment of their value. 4. The fact that the student h
as requested the making of administrative law on paper 'snake skin' does not pre
clude their right to obtain the document in official form without the payment of
any value. 5 . Appellate provided the plaintiff. " (AMS 2002.36.00.005471/MT, R
apporteur Federal Judge Selene Maria Almeida, DJ 29/8/2005, p. 124). "ADMINISTRA
TIVE. HIGHER EDUCATION. PAYMENT RATE FOR SHIPMENT OF DIPLOMA BY THE UNIVERSITY.
IMPOSSIBILITY. 1. The recovery rate for shipment of the diploma is sealed, the c
ontents of Resolution No 01/1983 of the Federal Council of Education, revised by
Resolution No 03/1989, since that service is not possible or extraordinary, wit
h its cost already encompassed in the amount paid by the student in school tuiti
on. Precedent.
2. Shipping devoid official. "(REOMS 2002.36.00.002945-3/MT, Federal Judge Rappo
rteur Daneil Paes Ribeiro, DJ 22/8/2005, p. 59)." ADMINISTRATIVE DIPLOMA OF HIGH
ER EDUCATION RETENTION, BY DEMANDS FOR PAYMENT RATE FOR SHIPMENT OF DOCUMENT - I
LEGALITY. I - Illegitimate retention certificate of completion of university, by
requiring the fee was not provided in standard regulatory matter. II - Resoluti
on No. 03/89, the Federal Council of Education, provides in § 1 of Art. 4 that
the value of school fees is the corresponding pecuniary consideration being give
n to education and the provision of services directly related to it, among them,
certificates of course completion. Whereas both the certificate and the diploma
certifying the completion of the course, there is talk in the collection of fee
s for this expedition and fairness in that. III Remittance official improv. "(RE
O 2001.36.00.007862-6/MT, Rapporteur federal judge Assusete Magalhães, DJ 31/3/
2004, p. 25). HIGHER EDUCATION - COMPLETION OF THE DIPLOMA COURSE Restraint,€BE
FORE A FAILURE TO PAY RATE FOR SHIPMENT OF DOCUMENT - NOT belong REQUIREMENT OF
SECURITY GRANTED SENTENCE CONFIRMED. 1 - In accordance with Resolution No. 001 o
f 1983, the Federal Council of Education, which regulates a charge of education,
states that the value of the annuity school pays the student already includes,
among other documents, the degree in official form completion of course. 2 - Rem
ittance official who dismissed. "(REO 2001.36.008124-8/MT, Federal Judge Rapport
eur Amilcar Machado, DJ 12/2/2002.) If the collection done by institutions of hi
gher education to issue a diploma is considered abusive, what is the understandi
ng of most of the Courts country, which would not be said for the recovery
issuance of certificate of completion of high school, which according to Article
36, paragraph 3 of Law 9394/96, enables the student to continue their studies.
In verbis: Article 36. ... § 3 courses of high school will have legal equivalen
ce and enable further study.
Thus, the issue of regulation is a natural outgrowth of finishing the course, so
integrated with the amounts charged for the service of education, paid for by t
uition. It is the right of the student, inseparable from the completion of the c
ourse for it is essential to document evidence of academic education. This under
standing, in spite of the numerous tried about, was confirmed by Ilmo. Attorney
General, in its opinion to the proposal by the STF in ADIN CONFEN (National Conf
ederation of Education Institutions), where he considers unconstitutional to cha
rge for issuing certificates.
2.
The injunction.
1. The requirements for the anticipation of guardianship, under Article 273 of C
PC: the likelihood of claims, the periculum in arrears and the reversibility of
the measure. The likelihood of the allegations of the author is present, once th
e legislation is clearly to prohibit the retention of documents of the student,
whatever the situation. The second University degree periculum in arrears is als
o present. is charging the delivery of diploma (PUT HERE THE ARGUMENTS
FACULTY who refuses to RECEIVE YOUR REGISTRATION BY LACK OF DELIVERY OF DIPLOMA)
Moreover, if perceived to be improper claims of the claimant who does not believ
e the measure is easily reversed simply by determining the payment amount for th
e documentation, which will be readily accomplished by the applicant if the R. C
ourt so decides fair.
It appears then that the situation of the author perfectly meets all the require
ments necessary for granting the anticipatory measure, by which it is sought bef
ore a decision on the merits itself, the court order for delivery of documents n
ecessary for the completion of the registration student body in higher education
. III - THE APPLICATION For those reasons this is to respectfully request that Y
our Excellency in accordance with specific legislation, judge your claim and in
consequence: GRANT injunction and determining to be delivered all documents nece
ssary for registration of the applicant entity higher education as it is approve
d. 2) In the case of granting the protection required above, requires the establ
ishment of a daily fine in significant value to be arbitrated by Your Excellency
in order to prevent the denial of the college requested and irreparable damage
of the applicant; 3) The citation of the defendant in address cited in the pream
ble of the initial, wanting to come to this contest, otherwise default, 4) TOTAL
ORIGIN the request and the defendant's conviction in comminations style. Protes
ts by all means of proof admitted in law, especially documentary and hearing the
defendant and witnesses necessary, without exclusion of any other as may be req
uired proof of good law. Give this to the ______________ (amount of the collecti
on of the diploma) these Terms, for request. DATA. value of 1)
YOUR NAME AND CPF