Direito penal simbólico e violência nos estádios: análise da efetividade da responsabilização criminal dos torcedores à luz da Lei Geral do Esporte

Abstract

This research analyzed the effectiveness of the criminal liability provisions in the General Sports Law (Law No. 14.597/2023) in addressing violence committed by organized fan groups at sporting events, through the lens of Symbolic Criminal Law theory. The investigation was prompted by the observation that, despite the legislative strengthening brought about by the new law, episodes of violence continue to occur frequently in the Brazilian sports landscape, raising questions about the actual capacity of criminal norms to bring about concrete changes in social reality. The general objective was to determine whether the harsher sanctions introduced by the General Sports Law serve as an effective tool for preventing and suppressing violence or if they primarily produce symbolic effects. Specific objectives included examining the evolution of Brazilian sports legislation; analyzing the legal liability mechanisms provided for in Law No. 14.597/2023—focusing on the criminal liability of organized fan group members while using civil liability aspects to contextualize the sports legal system—and investigating how these norms are applied in national case law. The research is qualitative in nature, employing a deductive method and an exploratory-descriptive approach, utilizing bibliographic and documentary research alongside an analysis of case law. The results demonstrated that the General Sports Law achieved significant progress by systematizing sports legislation and expanding liability mechanisms; however, its effectiveness remains contingent upon the implementation of preventive measures, coordination among oversight bodies, and the concrete application of the law's provisions. It was also found that Brazilian courts are applying the provisions of the General Sports Law, particularly regarding criminal liability, while acknowledging the importance of civil rulings for understanding sports security policy; however, this application remains predominantly reactive, taking effect only after conflicts have occurred. It is concluded that strengthening the sanctions system, considered in isolation, proves insufficient to significantly reduce violence at sporting events, demonstrating that the effectiveness of the legislation depends on a combination of repression, prevention, oversight, and permanent public policies.