School should not compensate student who was injured when being restrained by teacher

[messi11]

Even if it causes some injury, it is not an abuse of rights to use restraint techniques to immobilize an aggressive and undisciplined student at school. Therefore, the 10th Civil Chamber of the Court of Justice of Rio Grande do Sul confirmed the sentence that dismissed an action for moral damages filed against a private school in Caxias do Sul. The judges understood that the act of restraint was only used because there was a risk of aggression towards teachers, colleagues and physical harm to the undisciplined student herself — as occurred on one of the occasions, when she was injured when struggling after a fit of rage.

The initial narrates that the mother caught a teacher Cambodia Number Data shaking her daughter against the wall in front of other students, causing injuries to her face and bruises on her body. With the episode, which occurred in November 2012, the mother removed her daughter from school. After three months, an assistant visited the mother and proposed that the girl return to school, which was accepted. However, in April 2013, the grandmother witnessed another teacher shaking the girl, amid an argument with other children.



After reporting to the police, the family removed her from the school and filed a compensation claim, given that she had suffered a psychological disorder and needed psychological support and support from her grandmother, as she was unable to be enrolled in another full-time school. Once cited, the school filed a response. He reported that the girl began attending school at the request of the Guardianship Council, without paying anything, due to her history of poor care. Even after a year of monitoring, the management stated that there were no changes in her behavior, which was always rebellious and aggressive.