Comments to law 13,185 of 06.11.2015 program to combat systematic bullying-bullied.

March 28, 2018

According to the content of the first paragraph of the Law 13.185/2015, "… it is considered systematic bullying (bullied) every act of violence, physical or psychological, intentional and repetitive that occur without obvious motivation, practiced by individual or group, against a Or more people, aiming to intimidate or assault her, causing pain and distress to the victim, in a relationship of imbalance of power between the parties involved.   Article 2 of the aforementioned lists other acts considered as bullied: physical attacks, personal insults, systematic comments and pejorative nicknames, threats by any means, derogatory graffiti, prejudiced expressions, isolation Social conscious and premeditated, nurologist. The Law 13.185/2015 also contemplates the figure of Cyberbullyng, in the fields verbal, moral, sexual, social, psychological, virtual, in social networks, electronic sites.   The said legal device does not impose sanctions but creates preventive programs so that clubs, associations and recreational associations can face such attitudes of groups or persons who attack or denigrate the image of people, whether in real scope as Virtual. What are the changes in society about the law 13.185/2015? Whereas the legal text provides educational content and establishes institutional programmes to combat bullied and cyberbullyng, it will depend on legal persons to establish effective rules to prevent, prevent a person from feeling abused, threatened For systematic, continuing intimidation. As for the legal aspects, by the concept of social types and attitudes, it will be possible to highlight, for the purposes of civil indemnities, the concepts of bullied and cyberbulling, as provided for in law 13.185/2015.   In the Labor area, an employee may be harassed or assaulted morally, if the acts of fellow employees or of the employers ' intended to perform or commit against the victim, the said figures provided for in the 13.185/2015 act. Is it harassment or bullied or cyberbullyng? Such figures of aggression (verbal or physical) will be the object of harassment or aggression, under Labor. In the civil aspect, actions with claims for moral damages will be further based on the concepts of bullied or cyberbullyng.   by Oton Nasser – lawyer and Professor of post-graduation in Civil procedural law of the police.


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