Law No. 13,185, 06 November 2015

Original Language Title: Lei nº 13.185, de 06 de novembro de 2015

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LEI No. 13,185, DE November 6, 2015

Institut the Combat Program à Systematic Intimidation (Bullying).

THE CHAIRWOMAN OF THE REPUBLIC

I make it known that the National Congress decrees and I sanction the following Law:

Art. 1º It is instituted the Programme of Combating Systematic Intimidation (Bullying) across national territory.

§ 1º In the context and for the purposes of this Act, systematic intimidation is deemed to be (bullying) every act of physical or psychological violence, intentional and repetitive that occurs without evident motivation, practiced by individual or group, against one or more people, with the aim of intimidating it or assaulting it, causing pain and distress to the victim, in a relation of power imbalance between the parties involved.

§ 2º The Program instituted in the caput may substantiate the actions of the Ministry of Education and of the State and Municipal Secretaries of Education, as well as other bodies, to which matter concerns.

Art. 2º Characterizes systematic intimidation (bullying) when there is physical or psychological violence in acts of intimidation, humiliation, or discrimination and, yet:

I-physical attacks ;

II-personal insults ;

III-systematic comments and pejorative appeal ;

IV-threats by whatever means ;

V-derogatory graphites ;

VI-judgmental expressions ;

VII-conscious and premeditated social isolation ;

VIII-pilhteries.

Single Paragraph. There is systematic intimidation in the global computer network (cyberbullying), when using the instruments that are fit for it to depreciate, incite violence, tamper with photos and personal data in order to create means of psychosocial embarrassment.

Art. 3º Systematic intimidation (bullying) can be classified, as per the actions practiced, such as:

I-verbal: insulting, swearing and pejoratively appealing ;

II-moral: slander, slander, disseminate rumors ;

III-sexual: harassing, inducing and / or abusing ;

IV-social: skip, isolate, and delete ;

V-psychological: pursue, frighten, terrorize, intimidate, master, manipulate, blackmailing and infernize ;

VI-physical: socar, kick, hit ;

VII-material: scoop, steal, destroy belongings of others ;

VIII-virtual: depreciate, send intrusive messages of intimacy, send or tamper with photos and personal data that results in suffering or with the aim of creating means of psychological and social embarrassment.

Art. 4º Constitute objectives of the Program referred to in the caput of art. 1º:

I-prevent and combat the practice of systematic intimidation (bullying) in all of society ;

II-empower faculty and pedagogical teams for the implementation of discussion actions, prevention, guidance and solution of the problem ;

III-implementing and disseminating education, awareness and information campaigns ;

IV-instituting practices of conduct and orientation of parents, family and responsible in the face of identification of victims and attackers ;

V-give psychological, social and legal assistance to victims and offenders ;

VI-integrating mass media with schools and society, as a form of identification and awareness of the problem and how to prevent it and combat it ;

VII-promote citizenship, empathetic capacity and respect for third parties, in the milestones of a culture of peace and mutual tolerance ;

VIII-avoid, as far as possible, the punishment of the aggressors, insider ing mechanisms and alternative instruments that promote the effective accountability and change of hostile behavior ;

IX-promote measures of awareness, prevention and combat to all types of violence, with emphasis on recurring practices of systematic intimidation (bullying), or physical and psychological embarrassment, committed by students, teachers and other school and school community professionals.

Art. 5º It is the duty of the establishment of teaching, clubs and recreational assaults to ensure measures of awareness, prevention, diagnosis and combating violence and systematic intimidation (bullying).

Art. 6º The bimonthly reports of the occurrences of systematic intimidation (bullying) will be produced and published in the States and Municipalities for the planning of the actions.

Art. 7º The federated ones will be able to firm up on arrangements and establish partnerships for the implementation and the correct execution of the Program's objectives and guidelines instituted by this Act.

Art. 8º This Act shall come into force after 90 (ninety) days of the date of its official publication.

Brasilia, November 6, 2015 ; 194º of the Independence and 127º of the Republic.

DILMA ROUSSEFF

Luiz Claudio Costa

Nilma Lino Gomes