A exposição nas redes sociais de assédio sexual praticado por professor contra aluno: o embate entre a liberdade de manifestação da vítima e a honra do agressor

Abstract

The exposure on social media of the sexual harassment committed by teacher against student constitutes a collision of fundamental rights of different holders. On the one hand, there is the student who intends to speak out about the alleged harassment suffered, on the other, there is the master, who may have his honor violated due to the manifestation made by the first one. The monographic work aims to study the current phenomenon of exposure in the social networks of sexual harassment committed by teacher against student, both in the physical space of educational institutions and in cyberspace, from the perspective of the conflict between the fundamental rights to freedom of manifestation of the victim versus the honor of the aggressor, in order to identify legal solutions, according to legal norms, and non-legal resolutions, according to the policy and terms of use of social media. As a methodology, bibliographic research is used through the analysis of legal articles, books, news and scientific works and documentary research through the use of legislation and judicial decisions. The study of cases of virtual disclosure of harassments in the teaching relationship is made, notably the case of #exposedfortal, to understand and analyze this phenomenon in detail. It concludes with two solutions resulting from the weighting of the Judiciary with the presumption of veracity of the content and the preferred position of the free expression of thought in both. In the first, the lack of identification of the exposed person leads to the maximum optimization of freedom in detriment of the honor. In the second, the identification of the exposed teacher with proof of falsity of the complaint generates the right of reply for the offended person and of retraction or rectification by the offender. If the identified teacher demonstrates that the response did not have the same scope as the offense, he can claim material or moral damages. The exclusion of the publication only occurs, exceptionally, with the evidence of false facts or the demonstration of the predominance of personal interest over the public in maintaining the content online. As for non-legal resolutions, it is possible to expose harassment as long as there is censorship of the data of the exposed, and there is no attribution of crime, instigation to virtual lynching, nor offense to the accused. The exposed individual can respond to the exposure on social media and report the posts, without hindrance to the action of the Judiciary.