Inclusion and Anti-Bullying Policies: a Legal-Managerial Perspective in Regular Education Schools

Andressa Silva Rezende; Marcos Cesar Rodrigues de Miranda

DOI: 10.22167/2675-6528-202602664

Article derived from a Course Conclusion Work (TCC), with content based on the student’s original work and adapted to the editorial format of the E&S Magazine with the support of the ResumeAI tool, an artificial intelligence solution developed by Instituto Pecege for textual synthesis and organization.

Summary

School violence and exclusion, manifested in their various forms, represent persistent challenges in the Brazilian educational context, as widely reported. The objective was to revisit the laws governing education and analyze their practical application, proposing more assertive legal-ethical approaches for schools. To this end, federal documents on bullying and inclusion were analyzed, confronting them with real cases. A descriptive research with a qualitative approach was conducted, investigating, through case studies in schools in Brazil, the correct and erroneous actions of managers and other professionals involved in conflicts. It was found that, despite the existence of protective laws for children and adolescents, their effectiveness is compromised by the lack of professional training, difficulty in detecting the acts, or by the silencing of many cases. The need to train adults in the school environment to effectively identify, prevent, and combat bullying and exclusion was highlighted. As a contribution, several suggestions were presented to improve conflict resolution, emphasizing the importance of the partnership between family and school, and investment in education to provide an environment suitable for learning.

Keywords: Fundamental rights; Case studies; Democratic management; Educational legislation; Conflict resolution.

1. Introduction

The school environment, a fundamental space for the establishment of citizenship and for the development of children and adolescents (Canivez, 1991), is intrinsically marked by the coexistence of individuals with different origins and perspectives. This diversity, although enriching, is also fertile ground for the emergence of conflicts. The Latin expression “Ubi homines, ibi lites”, which means “where there are people, there are conflicts”, reflects the reality that, in the educational context, disputes and disagreements are inherent to human interactions.

Daily, Brazilian news highlights the persistence of cases of exclusion and violence in schools, manifesting in various forms, such as physical, psychological, and moral aggressions. Such occurrences reveal a significant gap between the legal regulations aimed at protecting students and the effectiveness of their practical application in daily school life. Despite a robust legal framework, reality often deviates from the ideal advocated by legislation.

In this scenario, bullying emerges as one of the most pernicious forms of school violence. It is characterized by repeated and intentional attitudes that cause physical or emotional pain, generating serious long-term consequences, such as trauma and depression. School bullying is understood as symbolic violence that compromises the socialization and identity of young people, as pointed out by Bessa, Maia, and Barreira (2023).

In parallel, school inclusion is a central concept that seeks to ensure that all students have access to, remain in, and effectively participate in the learning process, respecting their differences and valuing diversity (Mantoan, 2003). In this sense, the school must transform into a democratic space that welcomes everyone. To this end, this work adopts a legal-managerial perspective, which analyzes the laws and administrative practices that guide school management, aiming to ensure students’ rights and promote a truly inclusive environment.

Despite the existence of federal, state, and regional laws that ensure the rights and duties related to the education of children and adolescents – including the Federal Constitution (article 205), the Law of Directives and Bases, the National Curricular Parameters, the National Education Plan, and the National Common Curricular Base, in addition to the Statute of the Child and Adolescent (article 4) and the Brazilian Inclusion Law –, a discrepancy is observed between what is legally guaranteed and what is effectively valued and applied. Often, these laws are not complied with due to a lack of professional training, difficulty in detecting acts of violence, or even the silencing of observed cases.

The central problem lies in the complexity of resolving conflicts when the realization of one student’s right can paradoxically harm another’s. This normative dichotomy and the presence of gaps in problem-solving demand in-depth analysis. There is an urgent need to train adults in the school environment to identify, prevent, and combat bullying and exclusion, as well as to promote a more effective partnership between family and school, investing in an environment conducive to learning.

In this context, the present research is justified by the urgency to revisit and understand the application of inclusion and anti-bullying policies. Education produces long-term results, and investing in it is fundamental to building a future society with lower rates of violence and greater inclusion, avoiding the “normalization” of violent behaviors (Arendt, 2005). Thus, this study aims to revisit federal documents for greater mastery and clarification of laws concerning regular schools regarding bullying and inclusion; compare the resolution of real conflicts that occurred in the country with what is stated in official documents, highlighting errors and successes; and propose more assertive ways for managers and teachers to resolve the analyzed conflicts, with legal and ethical backing, ensuring greater proximity of school practices with Brazilian laws.

2. Material and Methods

This research was characterized as descriptive, with a qualitative approach, seeking to understand the complexity of social reality and value the meanings and attitudes of the subjects involved (Minayo, 2014). The study aimed to expose the characteristics of phenomena related to school conflicts, according to the nature of descriptive research (Gil, 2008). A methodological strategy was adopted that combined documentary study with case analysis.

The research strategy employed was the case study, an empirical approach suitable for investigating contemporary phenomena in their real-world context (Yin, 2005). The unit of analysis consisted of real-life conflicts, specifically cases of bullying and situations of lack of inclusion, that occurred in regular schools. Educational institutions from various regions of Brazil were considered, encompassing both public and private schools.

The data collection and documentary analysis period covered the last five years (2019-2024), seeking references and cases that reflected the recent educational scenario. The implicit participants in the case analysis were managers and other professionals involved in school conflicts. The selection criteria for real cases included clarity in the positioning of management and the teaching staff in the face of situations, allowing for the evaluation of actions taken. Cases with ambiguity in management’s stance were excluded.

Data collection was carried out through bibliographic research and documentary survey. Books, scientific articles, and journalistic news from recent years were consulted, in addition to official documents. Among the analyzed documents, the Federal Constitution, the Law of Directives and Bases of Education, the National Education Plan, the National Common Curricular Base, the Statute of the Child and Adolescent, and Law No. 13.185/2015, which established the Program to Combat Systematic Bullying, stand out.

For the bibliographic research, the platforms SciELO (Scientific Electronic Library Online), the CAPES Periodicals Portal (Coordination for the Improvement of Higher Education Personnel), and Google Scholar were used. The search was directed at works published in Portuguese in the last five years, using terms such as “Criminalization of bullying”, “Family in partnership with the school”, and “Omission of school violence” to refine the results and ensure relevance to the study.

In addition to the documentary analysis, data was collected through the observation of real conflicts, specifically cases of bullying and exclusion situations. This stage aimed to understand the nuances of decision-making and the challenges faced by school professionals. The cases were selected from real situations that occurred in schools in different regions of Brazil, in both public and private institutions, without direct interference from the researcher.

The analysis of the collected data, from both documents and case studies, was performed qualitatively. Real cases were examined in light of the literature review and official documents, seeking to identify the assertiveness in conflict resolution by school management and other professionals. Correct and erroneous actions were evaluated, as well as the presence of omission and the effectiveness of the partnership with the family in decisions, according to the criteria established for the research.

The comparative analysis was a central pillar, confronting the resolution of real conflicts with what is advocated in official documents and educational legislation. This procedure allowed for the identification of discrepancies between theory and practice, highlighting both the successes and the errors in the adopted approaches. The legal-managerial perspective guided the evaluation, seeking to understand how laws and administrative practices align in promoting an inclusive and safe school environment.

3. Results and Discussion

The analysis of the data revealed a persistent gap between the robust legal framework, which aims to protect children and adolescents in the school environment, and the effectiveness of its practical application. It was found that, although Brazil has clear laws on anti-bullying practices and school inclusion, the implementation of these regulations is often compromised by various factors, such as lack of professional training, difficulty in detecting acts of violence, and the silencing of many cases. This discrepancy between theory and practice constitutes the core of the investigated problem, in line with the objective of revisiting the laws and confronting their application with the school reality.

Law No. 14.811/2024, which criminalized bullying and cyberbullying, represents a significant advance in the protection of minors, linking to the Statute of the Child and Adolescent (ECA), the Brazilian Law of Inclusion of Persons with Disabilities (Law No. 13.146/2015), and Law No. 13.185/2015, which established the Program to Combat Systematic Intimidation. However, the 2015 law did not define specific punishments, which the 2024 criminalization seeks to address, requiring greater attention and positioning from educational institutions and families to discourage violence.

The criminalization of bullying and cyberbullying, as analyzed by Souza and Freitas (2024) in relation to Article 146-A of the Penal Code, reflects the alarming increase in serious cases in Brazil, with over sixty-six thousand occurrences registered between 2022 and 2023. For individuals under eighteen years of age, these acts are classified as infractions, resulting in socio-educational measures. The expectation is that the possibility of compensation for victims’ families will encourage a more preventive and guiding stance from the aggressors’ parents.

Despite the importance of legislation, the research indicated that criminalization alone is not sufficient to eradicate the problem. Working preventatively at school is an assertive attitude for management, according to Silva, Foresti, and Ricardo (2024), but it does not cover all cases. It was observed that verbal intimidation is more frequent than physical violence and is often ignored by teachers to continue with the curriculum, which contributes to the normalization of this criminal practice in the school environment.

The importance of human connections and social bonds strengthened between the school institution and the individual was highlighted by Ikuma and Costa (2023) as a factor that inhibits inappropriate behaviors and minimizes violence. The Federal Constitution of 1988 (Article 205) guarantees education as a right for all, and the Law of Directives and Bases of Education (Law No. 9,394/1996) points out that special education should preferably occur in regular schools. The National Education Plan (PNE 2014-2024), in its Goal 4, aims to universalize access to basic education for students with disabilities, while the National Common Curricular Base (BNCC) addresses the development of competencies and skills in an inclusive and transversal manner.

The new legislation, by increasing the criminal responsibility of adults who omit or participate in bullying practices, reflects the continuous need for regulations to dictate what should be obvious conduct, such as the protection of children and adolescents against bullying and exclusion. However, the mere creation of laws can be ineffective if not accompanied by coherent pedagogical practices and adequate training, as exemplified by the anti-bullying programs in Finland and Norway, which involve the entire school community, including witnesses, in pedagogical and cultural approaches.

Bullying entails devastating consequences for victims, encompassing psychological problems such as anxiety, low self-esteem, social isolation, and emotional disturbances. In the academic sphere, it manifests as low grades, demotivation, and school dropout. Physically, it can cause insomnia, headaches, and stress, while socially, it hinders trust in people and can lead to violent behaviors, compromising the socialization and identity of young people, according to Bessa, Maia, and Barreira (2023).

School management in the face of violence: omission or confrontation

The research showed that, although Brazil has advanced legally, there is a significant gap in the implementation of anti-bullying and inclusion policies, where school management plays a central role. Management’s omission was identified as a crucial factor for the judicial responsibility of institutions. The failure to act proactively not only harms students but also entails serious legal and financial consequences for schools, as demonstrated by the analyzed case studies.

An emblematic case occurred in Brasília, in 2025, where the school’s omission in the face of violence against a twelve-year-old student resulted in compensation of ten thousand reais for moral damages and an additional seven thousand reais for treatments. Similarly, in São Paulo, in 2023, school negligence in a case of violence against a student with neurological, physical, and intellectual disabilities led to compensation of thirty thousand reais for the victim’s family. These examples illustrate how the lack of immediate intervention can generate irreversible damages and high costs.

In Goiás, in 2025, a fourteen-year-old student with cancer was subjected to cruel offenses, and the school did not intervene, worsening the situation. In contrast, in Mato Grosso do Sul, in the same year, the institution acted assertively in a case of aggression against a student with intellectual disability and microcephaly, avoiding a bigger problem. However, in Santa Catarina, in 2022, a school attempted to expel a student with a disability due to poor performance, which represents a discriminatory practice and a direct violation of the principles of the Federal Constitution and the Brazilian Inclusion Law.

The analysis of the five real cases revealed that in four of them, school management either omitted action or took actions that worsened exclusion, such as attempted expulsion. Only in the case of Mato Grosso do Sul did management act proactively. In three of the five cases, the victims’ families received compensation, and in three of them, the victims had some type of disability, while one had cancer. Omission was the most recurrent and detrimental factor, while rapid and energetic action proved capable of preventing greater harm.

The research also highlighted the importance of guiding the aggressor’s family, who, according to Diniz (2023), may have some mental or psychological disorder that leads them to harm the victims. School contact with the aggressor’s family is crucial for seeking professional support, such as psychologists and therapists. The creation of school inclusion and anti-bullying committees, composed of parents, students, and teachers, can build a culture of prevention and promote a more respectful school environment.

Educational campaigns and discussion circles are important tools for raising awareness in the school community about respect and solidarity. School inclusion, which goes beyond academic performance, requires a welcoming atmosphere for all students, regardless of race, ethnicity, or creed, recognizing each child’s individual pace. Pedagogical adjustments, targeted support, and individualized supervision are essential for truly inclusive education, and a review of federal documents, not to alter them, but to deepen their study, offers opportunities to improve problem-solving.

Legislation is a fundamental tool, but effective transformation depends on professional ethics and the keen eye of those involved in education. Learning from the mistakes of other managers is a way to prevent new occurrences and strengthen a culture of respect and inclusion. To reduce bullying and school exclusion, legislation alone is not enough; the community must incorporate human attitudes and be able to reframe the school as a place for coexistence and learning.

The Family as support and responsible

An essential point for conflict resolution is dialogue with family members, especially so that the parents of aggressors and silent witnesses understand their responsibilities. The school, which already has the demand to teach, often finds itself in the position of having to educate, as meetings with families frequently reveal the origin of inappropriate behaviors, reflecting a collapse in family and social education. This complex dynamic requires a closer and more effective partnership.

Vinha et al. (2023) contextualize the increase in violence among adolescents, attributing it, in part, to social isolation during the pandemic, which prevented peer interaction and children’s school adaptation. The family plays a crucial role in recognizing cases of bullying, as they are the closest to the students and can observe strange behaviors. Open and welcoming communication at home, in partnership with the school, is fundamental for success in conflict resolution.

In the study by Lima and Chapadeiro (2015), a mismatch of ideas, opinions, and frustrations between families and schools was observed. This occurs when the family expects an attitude from the school that is not taken, or when the school expects a partnership in the child’s education that does not materialize, transforming the school environment into a stage for mutual accusations. This lack of alignment hinders the construction of a collaborative environment for the student’s development.

Valadão and Santos (1997) point out that contemporary society, diffuse and complex, generates confusion about the roles of parents and school in relation to the child. Many parents, in fact, seek the school for guidance on how to proceed with their children, instead of asking how they can support the institution. The parents’ stance is decisive and should vary according to the child’s role in the conflict: welcoming the victim, working with the aggressor’s attitudes, or teaching the witness not to remain silent.

In meetings with families, the school can reinforce that bullying is a crime and present real cases of compensation paid by aggressors’ families, which can serve as a deterrent. Professionals in regular schools, however, feel overwhelmed, perceiving that recent laws are still far from the school reality. Education is a long-term process, and the expectation of immediate results from the new laws can generate frustration and a pessimistic scenario for educators.

The government not blaming education professionals

The relationship between school and society is a mirror of power hierarchies, according to Carreira and Dias (2021), where the dynamic of the strongest or richest prevailing is reproduced in classrooms. A school inserted in a community with deficiencies and conflicts, where children live with hunger, without basic care, and with adults who reproduce violence at home, will hardly be a peaceful place. In this context, the law acts on the wound, but does not treat the social disease that causes it.

The experience of countries like Finland, with low crime rates and high quality of life, shows that anti-bullying programs have a greater chance of success in a more stable social environment. This suggests that, although programs with students, teachers, and parents can minimize violence, it is essential that governments look at the real problems of society, instead of just expecting education professionals to solve issues that transcend the school environment.

The way the state tries to solve low school performance and high violence rates, pressuring school management and teachers with goals, can be counterproductive. The failure to meet these goals often results in the compulsory transfer of professionals, which can lead to the omission and suppression of violence cases to avoid punishment. This practice, besides not solving the problem, aggravates it and devalues the educators’ efforts.

The broken windows theory, proposed by James Wilson and George Kelling in 1982 (Masson, 2018), suggests that dilapidated and disorganized environments instigate illicit and violent behaviors. Applying this theory to the school context, improving the infrastructure and aesthetic conditions of classrooms, furniture, and materials can reduce violence and disrespect. A school with a poor external and internal appearance, with unmaintained bathrooms, sends a message of neglect that can aggravate negative attitudes, contributing to bullying and school exclusion.

This governmental approach of blaming and punishing professionals, instead of recognizing their effort and resilience in needy and violent schools, does not contribute to the effective tackling of problems. Such practice not only leads to student dropout but also to teacher career dropout and educator burnout. A hostile school environment harms the mental health of everyone who coexists there, whether students or adults.

In summary, the research showed that, despite the existence of a robust legal framework to combat bullying and promote inclusion, its effectiveness is weakened by the lack of professional training, the difficulty in detecting acts of violence, and the silencing of cases. The case studies revealed that the omission of school management is a critical factor, resulting in legal and financial consequences. The need for a more effective partnership between family and school, investment in continuous professional development, and consideration of underlying social problems are crucial to transform schools into truly safe and inclusive environments, thus responding to the objective of proposing more assertive legal-ethical approaches.

4. Conclusion

The present study aimed to revisit the laws governing education and analyze their practical application, proposing more assertive legal-ethical approaches for schools in confronting bullying and exclusion. A persistent gap was observed between the robust Brazilian legal framework, which includes Law No. 14.811/2024, the Statute of the Child and Adolescent, and the Brazilian Inclusion Law, and the effectiveness of its implementation in daily school life. The findings indicated that the efficacy of these regulations is often compromised by the lack of professional training for educators, the difficulty in detecting acts of violence, and the silencing of many cases. The analysis of case studies revealed that the omission of school management is a critical factor, resulting in serious legal and financial consequences for institutions. It was found that the criminalization of bullying, although an advancement, is not sufficient on its own to eradicate the problem, highlighting the need for more comprehensive preventive and pedagogical actions. The main contribution of this work lies in proposing a set of suggestions to improve conflict resolution, emphasizing the importance of continuous training for education professionals, strengthening the partnership between family and school, and creating inclusion and anti-bullying committees, aiming to transform the school environment into a truly safe and welcoming space.

The limitations identified in the study indicate that the mere existence of laws, without the support of coherent pedagogical practices and adequate training, can be ineffective in promoting lasting cultural change. It was observed that governmental pressure on education professionals, with targets and punishments, can lead to omission and the suppression of cases, aggravating the problem instead of solving it. It is suggested, for future studies, a thorough re-examination of federal documents, not with the aim of altering them, but of deepening their understanding and application in contrast with the school reality, seeking to formulate more desirable alternatives. Furthermore, it is recommended to investigate the social roots of violence and exclusion, recognizing that the school is a reflection of society and that effective transformation requires a broader view by rulers of the underlying social problems. The construction of a more respectful and inclusive school environment depends on a holistic approach that values professional ethics, dialogue, and investment in infrastructure, promoting a culture of respect and solidarity throughout the community.

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Article originating from the Course Conclusion Work of the Specialization in School Management of the MBA USP/Esalq

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