Os punitive damages e o combate ao bullying escolar no atual sistema legal brasileiro
This dissertation proposes the study of the adoption of the foreign doctrine of punitive damages as an instrument allied to national law in combating, through preventive, punitive and educational functions, acts of bullying propagated in Brazilian schools. Bullying is recognized as a social problem...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica de São Paulo (PUC-SP) |
| Repositorio: | Repositório Institucional da PUC_SP |
| Idioma: | portugués |
| OAI Identifier: | oai:repositorio.pucsp.br:handle/43877 |
| Acceso en línea: | https://repositorio.pucsp.br/jspui/handle/handle/43877 |
| Access Level: | acceso abierto |
| Palabra clave: | CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO Punitive damages Bullying Responsabilidade civil Função punitiva Função preventiva Civil responsability Punitive function Preventive function |
| Sumario: | This dissertation proposes the study of the adoption of the foreign doctrine of punitive damages as an instrument allied to national law in combating, through preventive, punitive and educational functions, acts of bullying propagated in Brazilian schools. Bullying is recognized as a social problem that must be vehemently combated. Its consequences are often serious for victims and can trigger various disorders. Children and adolescents exposed to bullying can carry the symptoms developed into adulthood, making the situation even more critical and relevant when aimed at minors. In order to conceive of the guarantee of a broader protection of rights, breaking with the traditional reparative logic of Brazilian civil liability, the study will consider the proposal for the application of punitive damages in the Brazilian legal system as a suggestive hypothesis for effectively combating bullying in schools. In fact, the attributes of the special legal system for the protection of children's and adolescents' rights will be evoked to reinforce the suggested hypothesis. Given that there is no expression of legal provision authorizing the application of the institute under Brazilian law, there are numerous divergences regarding such possibility. Despite the lack of expressed legislative authorization for the determination of punitive damages in the Brazilian legal system, it is important to mention that the legal gap does not prevent the recognition of the viability of its application. The applicability of punitive damages under Brazilian law will be supported by the implementation of the necessary adaptations to comply with constitutional and legal principles and rules. The research will be descriptive, qualitative and will employ documentary analysis and bibliographic review |
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