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 the abuse of means of correction and discipline, particularly within the school environment. This topic is of great relevance, as it highlights the delicate dynamics between educators and students, drawing attention to the need for motivated and justified disciplinary intervention.

Context of the Judgment

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

Analysis of the Legal Maxim

Abuse of disciplinary purpose - Occasion to correct or punish - Arising - Necessity - Factual circumstances. In the context of abuse of means of correction or discipline, the abuse of disciplinary purpose presupposes the arising, at the time of the act, of an occasion to correct or punish, meaning that the passive subject has engaged in conduct from which a disciplinary reaction may derive. Such purpose cannot be inferred from the mere existence of the relationship between the perpetrator and the offended party. (Factual circumstances in which the Court deemed the abuse unsubstantiated in the use of force, which never escalated into voluntary blows, employed by the teacher to separate quarreling students for their own safety, in fulfillment of the guarantee obligations related to the exercise of the educational function).

This maxim clarifies that conduct by the student justifying disciplinary action is indispensable. The Court, in fact, deemed the abuse unsubstantiated 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 duty of care, which requires protecting student safety.

Practical and Regulatory Implications

• The Penal Code, in Article 571, governs the abuse of means of correction and discipline, establishing the limits of 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 serves as 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 disciplinary intervention. Educators must act in compliance with current legislation and ensure a safe and respectful learning environment, avoiding any form of abuse. Jurisprudence continues to evolve, and cases like these offer fundamental food for thought for the future of education.