CIVIL PROTECTION OF VICTIMS OF BULLYING IN THE SCHOOL ENVIRONMENT: LEGAL FOUNDATIONS OF OBJECTIVE LIABILITY AND THE DUTY OF REPARATION OF EDUCATIONAL INSTITUTIONS

Abstract

This scientific work addresses the problem of bullying, a systematic and repetitive practice in the school environment that seriously affects the physical, psychological, and social well-being of children and adolescents. In this context, the need arises for a legal perspective attentive to civil liability, seeking to understand how the law can act in the protection and compensation of victims and in the realization of their rights. The general objective is to analyze the legal foundations and instruments that ensure the dignity of the human person in the face of school violence. The methodology adopted is qualitative research, with a deductive approach and bibliographic and documentary methods, encompassing specialized doctrine (Gagliano, Diniz, Tartuce) and the analysis of normative sources, such as the Federal Constitution (Art. 227), the Civil Code (Art. 932 and 933), the ECA (Law No. 8.069/90), the Bullying Law (Law No. 13.185/2015), and the recent penal protection (Law No. 14.811/2024). The Expected Results indicate that the legal framework establishes a robust system of protection based on the Objective Civil Liability of educational institutions for breach of their duty of care. This liability is shared jointly with that of the aggressor's parents, and the duty of full reparation (moral and material damages) is reinforced by the prevention obligation of Law No. 13.185/2015. Civil condemnation also has a pedagogical and punitive function, aiming to compel schools to act actively in combating violence. Finally, the recent criminalization of bullying and cyberbullying increases the degree of state repression and signals the seriousness of the conduct.