Trote universitário: quando a brincadeira se torna um crime

Abstract

ResumoStarting from the research question: when college hazing becomes criminal who can be held responsible? This article will deal with the consequences of the application of violent university hazing, which in some cases leads to death. The discussion is part of the literature review and analysis of documents relevant to the subject, making a case study on the situation of the medical student of the University of São Paulo (USP), Edison Tsung Chi Hsueh, who drowned while applying a prank call. Thus, the general objective is to identify who should be held responsible when hazing becomes a crime, depending on their participation or omission. As specific objectives, it intends initially to study the concrete case mentioned above and, immediately after discussing civil and criminal accountability in the specific case, in the light of the Brazilian legal system. The results indicate that, in cases where hazing turns into a crime, veteran students, responsible for the application, may be held liable in the civil, criminal and, depending on the university, administrative, depending on the damage caused. However, the university will also be able to answer judicially for the omission in the face of the action of hazers because it has an obligation to watch over the integrity of all its students.