Agressões à pessoa em desenvolvimento: o problema do bullyng escolar

Abstract

The scope of this dissertation is the phenomenon of bullying in school and its implications in society from a private law perspective. In order to do so, we needed to contextualize the problem, based on a multidisciplinary take that accounts for elements of psychology, pedagogy and sociology to provide a broad view of the issue that smites the lives of countless children and adolescents in schools in Brazil and around the world. The main goal of this work was to identify issues that require legal attention and to offer alternatives and interpretations that are consistent with the rise of human dignity to the highest level of protection by the legal system as to safeguard the principles determined in children and adolescents’ legislation due to their special stage of development. Thus, we wanted to emphasize the social responsibility ascribed to the families, the State and the society, namely by the school, in the prevention and repression of the problem. We also attempted to analyze the available definitions of bullying, highlighting the points of contact of special relevance amongst them, and to identify the types of characters that take part in the phenomenon, exposing the importance of avoiding the stigmatization of children as definitive aggressors or helpless victims. We also assessed law n.o 13,185, of November 6, 2015, known as the Law for Fighting Systematic Intimidation (Bullying), the first effort by the federal legislature to recognize and take measures with respect to the problem, dissecting the existing definitions and pointing towards alternatives for the improvement of the law, which represents a step forward, but is insufficient for the concrete assurance of measures that actually prevent and fight bullying. Further, a few points were analyzed on what should not be considered part of the phenomenon as to avoid its decay to banality, which is certainly undesirable, since its effects permeate throughout society. Then, we looked at the injustice of the damages caused by bullying and the issue of civil liability, pointing towards the presence of two types of damages to be repaired, and therefore, two different systems. Finally, we tried to point out how the law, can, in a real promotional effort, contribute to the development and implementation of public policies capable of generating a decrease in the occurrence of one of the phenomena that most directly affects children and adolescents of school age in our time.