The Statute

Ahead of the Constitution Citizen, not to punish the aggressors or to act as aggressive tranfigura as an illegal act beyond unprincipled person, that is, the school must have clarity of its function to educate and to punish and in cases of bullying must be centered in the denaturalization of practical desrespeitosas of the professors in relation to the pupils. The Statute of the Child and the Adolescent (ECA, 1990), affirming the Consituio treated in the article 5: ' ' No child or adolescent will be object of any form of recklessness, discrimination, exploration, violence, cruelty and oppression, punished in the form of the law any attempted against, for action or omission, to its rights fundamentais' ' . This document incorporates despite the action or omission will be punished, what incube the school not to commit such crimes nor to occult them. In the article 15 of the ECA (BRAZIL, 1990) still clarifies: ' ' The child and the adolescent have right to the freedom, the respect and the dignity as people human beings in development process and as citizens of civil laws, human and social guaranteed in the Constitution and leis' '. This article reaffirms the incumbency to watch over for the rights of the child and the adolescent being safeguarded its rights basic, if the school does not serve to this intention is wounding one of its functions, to watch over for the dignity of the pupil, what it goes beyond guaranteeing education learning. To watch over for the dignity of the pupil mentions the professor to it not to adopt nicknames in the children, not to classify them by means of the capacity to learn fast more or, not to estigmatizar it for its choices, for its diversity in a general way, that is, to propitiate favorable conditions so that the pupil simply is respected. In this aspect, to treat different as the equal one is one of the biggest crimes that the school can commit against the pupil, therefore the practical typical homogeneizadoras of the capitalist society tends to accent the practical ones of bullying. .

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