O bullying e a aplicação da função preventiva da responsabilidade civil como desestímulo à violência no meio escolar

Abstract

The present paper aims to carry out a legal analysis on bullying, a problem that devastates a large part of the contemporary student population, framing it in the concepts of civil illegality and moral damages as a damage to the dignity of the human person. Having established the limits of the merely restorative function of civil liability, it has been demonstrated that the prevention of psychological harassment must be prioritized in relation to the compensation for the moral damage that results from it, taking into account the difficult reversal of the damage by means of the financial penalty. There is a need for an interdisciplinary confrontation of the problem and the indispensability of effectively adopting preventive solutions against violence in the school environment, which is addressed by the main legal means to curb such conduct, among them the injunctive relief. Finally, we defend the need for a more effective action of the preventive function of civil responsibility, in order to enable social inclusion and the development of youth as a person and citizen.