Parental liability for children's behavior in the school environment in light of the understanding of the Court of Justice of Rio Grande do Sul in Appeal n. 0346234-30.2018.8.21.7000

Abstract

The present analysis concerns the (im)possibility of the exercise of the right of recourse by the educational institution against the parents of the student who caused damage to another student. The analysis will begin by narrating a case judged by the Court of Justice of Rio Grande do Sul in 2019 on the subject. Subsequently, a detailed examination of the foundations, characteristics, and requirements of the indirect civil liability of educational institutions will be carried out. Following this, the right of recourse of the educational institution against the parents of the student who caused damage to another student will be addressed, in light of doctrine and case law. Finally, a reflection on the specific case will be made based on the doctrinal and case law exposition that guided the article.