Bullying: responsabilidade civil nas escolas

Abstract

This monograph analyzes the compensation for moral damages under the aspect of civil accountability of schools. This line of reasoning, it has to be through strict liability may be construed as legal responsibility for damage to the psychophysical integrity of the student to the school, since the violation of a legal rule and give birth so accountability civil. The moral damages rests on liability, and violation of personal rights, or injury to the subjective standard that recognizes the inherent right to personality. Personality rights, in turn, are the prerogative of the subject in relation to the various dimensions of his own person. Thus, with regard to its physical dimension, man exercises rights over your life, your own body, alive or dead, or of its parts separately. This is what is called the doctrine of rights to physical integrity. Another dimension of man is considered to be intellectual. It follows that man is entitled to his own artistic, literary and scientific ideas, condition hugging the right to express opinions as suits you, as a manifestation of self. These are the nominees rights psychophysical integrity. Finally, the dimension of morality, and that's where it lodges the enjoyment of rights on moral integrity. Them are included the right to freedom, honor, secrecy, the modesty, the name, the picture itself and the image itself. The Federal Constitution of 1988 tucked in sections V and X of Article 5, the private moral integrity subjective rights. Following the principle already longstanding, established by the Charter Regent, the new Civil Code of 2002, through its articles 186 and 927, definitely ends any discussion on the repairability not reputed as moral damages, even in cases apparently there are difficulties in its evaluation as occurred in the case of bullying in school settings. The ideology of this project is therefore to analyze bullying as these trainers principles of a democratic society of law and show its correlation with liability, since the practice of bullying the judiciary has been sought as a means of solution for the labors that it stem, covering issues of punitive damages and civil liability. Who is to blame is a common question, and the purpose of this compilation is to show a new solution to this problem, blaming the schools through strict liability.