Glass in teacher's water: what could happen to those involved?

Teacher Michele Ramos, aged 37, found a glass slide in a glass of water at the school where she works, in the municipal network of São José dos Campos (SP). The case occurred on Tuesday morning (30) and is being investigated as a bodily injury.

The episode gained repercussion after Michele went to social media, shaken, to report what had happened. During class, she asked a student to fetch water. The student would then have placed the glass in the cup and shown the action to his classmates. Other students would have witnessed it, but they did not inform the teacher and even made fun of the situation.

The teacher stated that she had to seek medical attention and that she developed psychological problems due to what she suffers at work.

As lawyer Beatriz Alaia Colin explains, as those involved are minors, there is no criminal liability, but possible liability for an infraction, under the terms of the ECA (Child and Adolescent Statute).

In theory, the conduct can be classified as an infraction similar to the crimes of attempted bodily harm or, in exceptional situations, even attempted murder, if the investigation identifies elements that demonstrate the intention to kill.

According to the lawyer, the legal definition will depend on the investigation of the context, the dynamics of the facts and, mainly, the subjective element of the conduct.

In relation to students who only witnessed the situation or made comments and mockery, liability requires caution, since they did not have a legal duty to prevent the teacher from consuming the water, so the mere omission, in itself, does not constitute an infraction.

The Child and Adolescent Statute provides for socio-educational measures proportionate to the severity of the act, ranging from warning to hospitalization, in the cases legally provided for. Parents or guardians may respond civilly for any damages caused by minor children, without prejudice to the individual responsibility of adolescents in the socio-educational sphere.

When contacted, the SSP-SP (São Paulo Public Security Secretariat) reported that the students involved were identified through the unit's security cameras, and the Guardianship Council was contacted.

The incident was registered at the Electronic Police Station as an attempted bodily harm and forwarded to the Children and Youth Police Station (DPJI) of São José dos Campos.

CNN Brasil contacted the Municipal Department of Education of São José dos Campo and the school management about the measures taken after the incident, but has not yet heard back. The space remains open. CNN Brasil is also trying to contact the teacher for more details about what happened.

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Source: CNN