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New Legislation Redefines The Treatment Of Bullying And Cyberbullying In Brazil, Imposes Mandatory Protocols In Schools And Expands The List Of Heinous Crimes Involving Children And Adolescents. The Changes Impact Institutions, Families And School Communities.
Bullying and cyberbullying have been added to the Brazilian Penal Code, and educational networks — both public and private — will have to maintain formal protocols for prevention and response to cases of violence involving children and adolescents.
The change was introduced by the Law No. 14,811, of January 12, 2024, which came into force on the date of publication in the Official Gazette of the Union on January 15, 2024.
What Changes In The Penal Code
The law created Article 146-A to define systematic intimidation (bullying).
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The text describes the practice as intentional and repeated violence, either physical or psychological, individual or collective, carried out through acts of intimidation, humiliation, or discrimination, including verbal, moral, sexual, social, psychological, physical, material, or virtual actions.
The penalty provided is a fine when the conduct does not constitute a more serious crime already defined.
In the same provision, the law defined virtual systematic intimidation (cyberbullying) when the aggression occurs via computer networks, social networks, applications, online games, or is transmitted in real time.
In these cases, the penalty is imprisonment from 2 to 4 years, plus a fine, unless it is categorized as a more severe crime.
Aggravating Factors In School Environments And Online Networks
In addition to creating criminal types, the text altered other provisions of the Penal Code.
In Article 121, it now includes an increase of two-thirds of the penalty when the homicide is committed within a public or private basic education institution.
In Article 122, which addresses incitement, instigation, or assistance to suicide and self-harm, the penalty doubles if the author is a leader, coordinator, or administrator of a group, community, or virtual network, or responsible for such structures.
Heinous Crimes Involving Children And Adolescents
The Law of Heinous Crimes has been updated to include as heinous: inducement, instigation, or assistance to suicide or self-harm by digital means; kidnapping and unlawful restraint against minors under 18 years; and human trafficking when the victim is a child or adolescent.
The sole paragraph of Article 1 of the law also considers heinous crimes specified in § 1 of Art. 240 and Art. 241-B of the ECA, related to child pornography.
Classification as heinous restricts penal and procedural benefits, increasing the state’s response to such conduct.
Mandatory Protocols In Education Networks
At the institutional level, the law stipulates that preventive and combat actions against violence in educational establishments must be implemented by the Municipal Executive Power and the Federal District, in cooperation with States and the Union.
The responsibility of local public authorities includes developing specific protocols for each form of violence provided for in related legislation, with participation from the school community and support from the areas of security and health.
The protocols must provide for ongoing training for teaching staff and information to the school community and neighbors.
In practice, these procedures need to detail identification, recording, and response flows: how to recognize signs, which internal channel to activate, when to inform families, and in which situations to involve guardianship councils, the Public Ministry, or the police.
The design should also include preservation of digital evidence, as many incidents originate from or are exacerbated in online environments, and ongoing educational actions for prevention.
The guidelines are included in the law itself and were reinforced in official communications from Congress after the sanction.
Semester Background Checks
The Statute of the Child and Adolescent was supplemented with Article 59-A, which imposes on social institutions working with children and adolescents receiving public funds the obligation to require and maintain criminal background certificates for all collaborators, updated every six months.
For educational institutions and similar entities, this requirement to maintain registration files and updated certificates applies regardless of receiving public funds.
The measure seeks to establish a minimum standard of integrity and diligence in hiring and maintaining teams.
Difference Between Conflict And Bullying
Not every disagreement among students will be treated as a crime.
Bullying requires three elements: repetition, intentionality, and power imbalance.
When this pattern is proven, the fact is classified as having its own criminal typification; if it involves other offenses, such as threats or racial slurs, the more serious type applies.
In the digital environment, behaviors such as offenses, humiliations, vexatious exposure, or persecution through applications, social networks, or live broadcasts may configure cyberbullying, with the specific penalty of Article 146-A, unless another crime carries a more severe sanction.
National Policy And Entry Into Force
The law came into force on the date of its publication and was published in the Official Gazette of the Union on January 15, 2024.
In addition to criminalizing behaviors, the text establishes the National Policy for The Prevention and Combating Of Sexual Abuse And Exploitation Of Children And Adolescents, which will be detailed in a national plan with goals, indicators, and periodic assessments, including broad dissemination of the content.
The declared objective is to articulate prevention, qualified registration, and criminal accountability, especially in the school and digital context.
Impacts For Schools And Families
For schools, the priority is now to have clear procedures and trained teams.
This involves designating responsible parties for each stage of care, training teachers and staff, creating internal reporting channels, and aligning partnerships with health and public safety.
The law also demands community engagement: students, families, workers, and even neighbors must receive information about signs, prevention, and pathways for support.
For families and guardians, the message is direct.
Practices previously seen as “playful” now carry objective legal consequences when they constitute systematic intimidation.
In digital environments, the speed and scope of exposure increase the harm and justify a more severe criminal treatment, under the terms of the sole paragraph of Article 146-A, without prejudice to other possible classifications.
Has your school, network, or municipality already formalized, disseminated, and tested through simulations the protocol for prevention and response to cases of bullying and cyberbullying — with semester background checks and preservation of digital evidence for possible investigation?
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