Uma análise da (in) eficácia das normas dos capítulos XI e XI-A do Estatuto de Defesa do Torcedor.

Abstract

Football is one of the great passions of Brazilian people. The mobilizations around it are huge, especially during the World Cup season, when a large portion of the population comes together to cheer for their selection. On the other hand, we see numerous journalistic reports about the growing violence and death rates involving fans in beatings in Brazil, which is no different around the world. Brazil plays a prominent role when it comes to violence in sport. In view of what was said, this research is based on the problem of the large number of fans killed and injured in confrontation between themselves or against the police, by observing the measures provided for in Chapters XI and XI-A of Estatuto do Torcedor (Fan Statute). Thus, this work aims to analyze the Estatuto do Torcedor and its efficiency regarding the eradication of violence in Brazilian sports scenario, approaching some cases. In order to obtain the research results, the deductive approach method and the comparative method were used. So, when discussing the application of Estatuto do Torcedor, it was noted that the standards referred to suffer from ineffectiveness, because there is no effective application of punishments to the perpetrators of violence, especially in small events that are generally linked to lack of appropriate equipment and professionals trained to work in this field. Besides this, there is a reduced performance of Ministério Público (Public Prosecutor's Office) in supervising the events and executing the punishments attributed to the infringing fans. Therefore, it does not succeed in the primary purpose, which is prevention and re-education.