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      A responsabilidade civil decorrente da prática do bullying e do cyberbullying no ambiente escolar Translated title: The civil responsibility arising from the practice of bullying and cyberbullying in the school environment

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          There is no author summary for this article yet. Authors can add summaries to their articles on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          Resumo Este artigo, de cunho teórico, apresenta um estudo do bullying e do cyberbullying no ambiente escolar, bem como da responsabilidade civil decorrente dessas práticas e da violação dos direitos da personalidade. Para tanto, procede-se a uma pesquisa bibliográfica e documental. Conclui-se que o bullying e o cyberbullying consistem em um relevante problema no cenário educacional nacional, porquanto viola diversos direitos da personalidade e implica graves consequências biopsicossociais para os envolvidos, de modo que todos devem contribuir para a sua prevenção e repressão, principalmente os estabelecimentos de ensino, os quais possuem esse dever imposto de maneira específica pela legislação brasileira; no caso de sua inobservância e omissão específica, deverão reparar, de forma objetiva, todos os danos sofridos pelas vítimas do evento.

          Translated abstract

          Abstract This theoretical article presentes a study of bullying and cyberbullying in the school environment as well as the civil responsability arising from these practices and the violation of personality rights. To do so, bibliographical and documentary research is carried out. It is concluded that bullying and cyberbullying are relevant problems in the national educational scenario, as they violate several personality rights and cause serious biopsychosocial consequences for those involved, so that everyone should contribute to its prevention and repression, especially educational establishments, which have this duty imposed in a specific way by the brazilian legislation; in the event of non-compliance and specific omission, they must objectively repair all damages suffered by the victims of the event.

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          Most cited references49

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          Bullying at School : What We Know and what We Can Do

          Dan Olweus (1993)
          Presents an overview of what is known about the causes and consequences of bullying at school, describes an intervention program designed to address and counteract the problem, discusses the positive effects of the program as evaluated over a two-year period in forty-two schools in Bergen, Norway, and offers practical advice on implementing the intervention program.
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            Extending the school grounds?--Bullying experiences in cyberspace.

            Bullying is a national public health problem affecting millions of students. With the rapid increase in electronic or online communication, bullying is no longer limited to schools. The goal of the current investigation was to examine the overlap among targets of, and the similarities between, online and in-school bullying among Internet-using adolescents. Additionally, a number of common assumptions regarding online or cyberbullying were tested. An anonymous Web-based survey was conducted with one thousand four hundred fifty-four 12- to 17-year-old youth. Within the past year, 72% of respondents reported at least 1 online incident of bullying, 85% of whom also experienced bullying in school. The most frequent forms of online and in-school bullying involved name-calling or insults, and the online incidents most typically took place through instant messaging. When controlling for Internet use, repeated school-based bullying experiences increased the likelihood of repeated cyberbullying more than the use of any particular electronic communication tool. About two thirds of cyberbullying victims reported knowing their perpetrators, and half of them knew the bully from school. Both in-school and online bullying experiences were independently associated with increased social anxiety. Ninety percent of the sample reported they do not tell an adult about cyberbullying, and only a minority of participants had used digital tools to prevent online incidents. The findings have implications for (1) school policies about cyberbullying, (2) parent education about the risks associated with online communication, and (3) youth advice regarding strategies to prevent and deal with cyberbullying incidents.
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              Lei nº 8.069, de 13 de julho de 1990. Dispõe sobre o Estatuto da Criança e Adolescente e dá outras providências

              (1990)
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                Author and article information

                Journal
                cconst
                Cuestiones constitucionales
                Cuest. Const.
                Universidad Nacional Autónoma de México, Instituto de Investigaciones Jurídicas (Ciudad de México, Ciudad de México, Mexico )
                1405-9193
                December 2022
                : 47
                : 397-422
                Affiliations
                [2] orgnameUNICESUMAR Brasil cleber.otero@ 123456unicesumar.edu.br
                [4] orgnameUNICESUMAR Brasil nilson.alves@ 123456hotmail.com
                [3] Paraná orgnameUniversidade Estadual de Maringá Brazil solangefry@ 123456gmail.com
                [1] orgnameUNICESUMAR Brasil jgyaegashi@ 123456hotmail.com
                Article
                S1405-91932022000200397 S1405-9193(22)00004700397
                10.22201/iij.24484881e.2022.47.17534
                9713e115-4a1b-4738-8053-1d2aa640a6c2

                This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

                History
                : 22 November 2021
                : 30 July 2021
                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 50, Pages: 26
                Product

                SciELO Mexico

                Categories
                Artigos doctrinais

                Civil responsibility,Bullying,Cyberbullying,Dignity of the human person,Personality Rights,Dignidade da Pessoa Humana,Direitos da Personalidade,Responsabilidade Civil

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