Commentary on Judgment No. 48744 of 2023: Abuse of Disciplinary Purpose

The recent judgment No. 48744 of November 15, 2023, by the Court of Cassation has sparked an interesting debate on the theme of abuse of correctional and disciplinary measures, particularly in the school context. The topic is of great relevance as it highlights the delicate dynamics between educators and students, drawing attention to the need for a motivated and justified disciplinary intervention.

Context of the Judgment

According to the Court, to configure the abuse of disciplinary purpose, it is essential that an opportunity to correct or punish arises at the moment of the act. This means that the student must have behaved in a way that justifies a disciplinary reaction. The mere existence of a relationship between the teacher and the student is not sufficient to legitimize a disciplinary intervention.

Analysis of the Legal Maxim

Abuse of disciplinary purpose - Opportunity to correct or punish - Emergence - Necessity - Case. In the context of abuse of correctional or disciplinary measures, the abuse of disciplinary purpose presupposes the emergence, at the moment of the act, of the opportunity to correct or punish, that is, that the passive subject has behaved in a way that could lead to a disciplinary reaction, and this purpose cannot be inferred from the mere existence of the relationship between the agent and the offended person. (Case in which the Court deemed the abuse nonexistent in the use of force, never transgressed into voluntary blows, employed by the teacher to separate students in conflict to protect their own safety, in fulfillment of the guarantee obligations related to the exercise of educational function).

This maxim clarifies that it is essential for the student's conduct to justify the disciplinary action. The Court, in fact, considered the abuse nonexistent in a case where a teacher used force to separate quarreling students, as such action was necessary to ensure their safety. This principle aligns with the teacher's guarantee obligation, which is to protect the students' safety.

Practical and Regulatory Implications

  • The Penal Code, in Article 571, regulates the abuse of correctional and disciplinary measures, establishing limits on intervention by educators.
  • Previous decisions by the Court, such as those from 2016, 2020, and 2022, provide a useful jurisprudential framework for understanding how the Court interprets these situations.
  • Respect for the dignity and rights of students is fundamental, and educators must be aware of the legal implications of their actions.

This judgment represents an important guide for educators and educational institutions, clarifying that disciplinary intervention must always be justified by the conduct of the passive subject, avoiding abuses and ensuring a healthy and respectful educational environment.

Conclusions

In conclusion, judgment No. 48744 of 2023 highlights the importance of appropriate conduct by students to justify a disciplinary intervention. Educators must act in accordance with current regulations and ensure a safe and respectful learning environment, avoiding any form of abuse. Jurisprudence continues to evolve, and cases like these provide essential points for reflection on the future of education.

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