CIVIL LIABILITY OF THE STATE IN CASES OF BULLYING IN PUBLIC SCHOOLS

Abstract

Bullying in public schools is unfortunately still a very common reality that many students face and that in the majority of cases occurs without permission. Many of the victims suffer in silence due to shame, discomfort or even embarrassment and discomfort due to the constant exposure of the facts. These facts may even have significantly and worryingly traumatized them. Bullying in schools occurs through intentional “bad jokes”. It is a common practice of physical and psychological violence that significantly affects the school environment, compromising the healthy development of students. This article analyzes the civil liability of the State for the damages caused by bullying in Brazilian public schools, considering the constitutional duty to protect the dignity of the human person and the physical and moral integrity of students. Based on the doctrinal, legislative and jurisprudential analysis, it is concluded that the State's omission in the face of these episodes can generate civil compensation for moral and material damages to the victims.