Preconceito e discriminação no futebol brasileiro

• Autor(a) principal: Bueno, Luciano Krybus Scarpinella
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/41667
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Discriminação; Preconceito; Racismo; LGBTfobia; Futebol; Discrimination; Prejudice; Racism; LGBTphobia; Football

This study looked at discrimination and prejudice in Brazilian football, analysing incidents of racism and LGBTphobia in the country's most important sport. Firstly, it examines how sport is included in the legal system. In this context, article 217 of the Federal Constitution establishes the practice of sport as a fundamental meta-individual social right. In other words, there is no single holder of this right and its violation hurts the entire community. Next, a very brief overview is given of the historical importance of football in our country. However, even though sport, in theory, is a way of promoting health, leisure, inclusion and solidarity among citizens, we still face a very serious problem of racist and LGBTphobic acts in the sport that is a symbol of the Brazilian nation. Thus, from this historical, social and constitutional perspective, this Final Paper analyses the rules of the country's legal system that aim to fight racism and LGBTphobia. Three areas of the legal system are addressed: (i) criminal, aimed at the fault-based liability of the offender; (ii) civil, in which there is the emergence of strict liability, which is independent of fault; and (iii) sports, specifically aimed at protecting the Fundamental Right to sport and, consequently, sanctioning illegal acts in a collective way, safeguarding the meta-individuality of sport. Lastly, the project, which was based on studies carried out by organizations that analyses incidents of racism and LGBTphobia in football, inspects the actions of the main football organizations in the fight against discrimination and prejudice. Unfortunately, given that the actions of some organizations are still insufficient, as well as the lack of change in social behavior, the struggle to terminate such practices that undermine equality and human dignity is far from having an end