Estado de SP pagará indenização a aluno autista vítima de bullying
A Justiça determinou que o Estado de São Paulo pague uma indenização por danos morais no valor de R$ 15 mil, com acréscimo de juros e correção monetária, a um estudante de 11 anos diagnosticado com Transtorno do Espectro Autista (TEA). O menino foi alvo de intimidação por alunos mais velhos em uma instituição de ensino estadual localizada no litoral paulista.
O episódio de violência e humilhação
O caso ocorreu em fevereiro de 2025, nas dependências da Escola Estadual Professora Alzira Martins Lichti, situada no bairro Morro Nova Cintra, em Santos. Conforme os registros do processo, a vítima sofreu “intimidação sistemática“ durante o intervalo, sendo coagida por discentes mais velhos a lamber o solo em troca de uma promessa mentirosa de receber R$ 20. A situação ocorreu sob zombaria de terceiros e sem qualquer ação preventiva por parte dos colaboradores da instituição.
Consequências e transferência
Após o ocorrido, a direção da unidade orientou os responsáveis a manterem o aluno afastado das aulas até que ele passasse por uma consulta médica. Diante da gravidade do episódio, a família optou por transferir o menor para outra rede de ensino estadual.
Falhas de vigilância e decisão judicial
Os representantes legais do estudante acionaram a Justiça apontando falhas na supervisão dos alunos por parte da escola, além da ausência de suporte especializado para estudantes com TEA e condições similares, solicitando inicialmente R$ 100 mil em danos morais, custeio de terapia psicológica e um acompanhante escolar.
O juiz Bruno Nascimento Troccoli avaliou os pedidos como parcialmente procedentes. Ele reconheceu o direito à reparação financeira, mas julgou o montante pedido pela defesa exagerado com base nos parâmetros do Tribunal de Justiça de São Paulo (TJSP) para ocorrências parecidas.
Apoio especializado obrigatório
A sentença também estabeleceu que o governo estadual deve fornecer um profissional qualificado para auxiliar o aluno durante toda a sua permanência na escola. O magistrado fundamentou a obrigação em laudos emitidos por um médico neurologista e pela própria Secretaria de Educação, que atestam a demanda por suporte constante.
Quanto à solicitação de custeio para acompanhamento psicológico, o magistrado pontuou que o serviço já é garantido pelo Sistema Único de Saúde (SUS), orientando a mãe a buscar os órgãos competentes da rede pública de saúde.
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Crédito das imagens: Reprodução/Getty Images
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