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Mother who accused school of negligence on social media is sentenced
TJ/DF ordered compensation of R$8,000 and public retraction.
From the Editors
 
Thursday, January 30, 2025
 
The 4th Civil Chamber of the TJ/DF upheld the conviction of a mother to pay compensation of R$8,000 for moral damages following accusations of  negligence against a nursery school. 
 
The panel considered that the mother's statements affected the institution's image and exceeded the limits of freedom of expression.
 
The mother reported that her son returned from school with injuries and claimed that the school did not provide proper supervision during play.
 
In social media groups, he posted messages suggesting negligence on the part of the institution, which led to demonstrations by other users calling for investigations and even the closure of the school.
 
At the same time, he contacted the Child and Adolescent Protection Department and the Guardianship Council, alleging negligence and possible mistreatment.
 
Mother is convicted for accusing school of negligence.
The institution presented videos and reports that demonstrated that the children received adequate treatment.
 
Investigations by police authorities and the Public Prosecutor's Office concluded that the incidents were compatible with common childhood situations, with no evidence of crime or negligence.
 
As a result, the school filed a lawsuit for damages to its reputation.
 
The judges understood that the mother's conduct resulted in damage to the school's good reputation.
 
In the ruling, it was highlighted that the defendant's illicit conduct caused damage to the school's good reputation, given the series of comments from other people who, due to the posts, said they were outraged, that the situation should be reported, that the school should be closed.
 
The panel concluded that the insistence on offensive posts and the provocation of an unfounded criminal investigation constituted an abuse of rights.
 
The 4th Civil Chamber maintained the obligation for the mother to publish a retraction in the groups where she made the accusations, with a minimum permanence of one year.
 
According to the court's understanding, compensation and retraction are essential to restore the institution's honor and image.
 
Case :  0717359-55.2021.8.07.0020
 
 link: https://www.migalhas.com.br/quentes/423728/mae-que-acusou-escola-de-negligencia-em-redes-sociais-e-condenada
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ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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