Submitted:
07 October 2024
Posted:
08 October 2024
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Abstract
Keywords:
1. Introduction
2. Research Methodology
3. Sports
4. Sports in Brazil
5. Sports Law
6. Principles of Sports Law
- Article 1. Brazilian sports encompass both formal and informal practices and are governed by the general norms of this Law, inspired by the constitutional foundations of the Democratic Rule of Law.
- § 1. Formal sports practice is regulated by national and international norms and by the sporting rules of each modality accepted by the respective national sports governing bodies.
- § 2. Informal sports practice is characterized by the playful freedom of its participants.
- § 3. The rights and guarantees established in this Law, arising from the constitutional principles of sports, do not exclude other rights stemming from treaties and international agreements entered into by the Federative Republic of Brazil. (Included by Law No. 13.322, of 2016) (Law 9615/98 accessed on 02/26/2023.)
- I.
- Principle of Sports Autonomy: Acknowledgment of the capacity of sports entities to self-organize and manage their activities without interference from the State.
- II.
- Principle of Legality: Subordination of sports entities to the law and regulations established by the competent authorities.
- III.
- Principle of Equality: Assurance of equal conditions of competition among participants in sports events.
- IV.
- Principle of Sporting Truth: Combating any form of result manipulation or fraud in sports.
- V.
- Principle of Protection of Participants’ Health: Guaranteeing preventive measures and safety protocols for athletes.
- Article 1-A. The prevention of violence in sports is the responsibility of public authorities, confederations, federations, leagues, clubs, associations, or sports entities, recreational entities, and fan associations, including their respective leaders, as well as those who, in any capacity, promote, organize, coordinate, or participate in sporting events. (Included by Law No. 12,299 of 2010).
- Article 2. A fan is defined as any person who appreciates, supports, or associates with any sports entity in the country and follows the practice of a specific sport.
- Sole Paragraph. Unless proven otherwise, appreciation, support, or following referred to in the main section of this article is presumed. (Law 10,671/03 accessed on 26/02/2023).
- Shared Responsibility: By asserting that the prevention of violence in sports is the responsibility of public authorities, confederations, federations, leagues, clubs, sports associations, and recreational entities, as well as their leaders and others involved in the organization of sporting events, the article establishes a legal framework that promotes cooperation and joint action to ensure a safe environment in sports. This shared responsibility is essential for the effectiveness of preventive measures and for fostering peace and respect at sporting events.
- Prevention of Violence: The inclusion of violence prevention in sports as a responsibility of the involved entities and individuals highlights the importance of combating acts of physical, verbal, and psychological aggression both inside and outside of stadiums. Violence in sports not only jeopardizes the physical and emotional integrity of those involved but also tarnishes the image of sports, alienates the public, and undermines the peaceful and inclusive conduct of sporting events. Thus, the article underscores the relevance of adopting concrete measures to prevent and combat violence in sports.
- Engagement of Sports Entities: The article acknowledges that sports entities, such as confederations, federations, leagues, clubs, and associations, play a fundamental role in violence prevention. These organizations possess the structures and resources to implement preventive measures, establish norms and regulations, and promote awareness and education regarding the importance of respectful behavior at sporting events. By assigning responsibility to these entities, the article encourages engagement and active participation in fostering a healthy and safe sports environment.
- Participation of Fans: Article 2 defines the concept of a fan and presumes support, appreciation, or following of sporting practices. This recognition is important to highlight the significance of fan participation in cultivating a peaceful and respectful sports culture. Fans play a crucial role in the atmosphere of sporting events and, therefore, are essential for violence prevention. The article acknowledges their influence and emphasizes the need for engagement and respect from fans, promoting individual responsibility in the pursuit of a violence-free sports environment.
- Strengthening of Norms and Regulations: The inclusion of violence prevention in sports as a responsibility of the involved entities and individuals contributes to the strengthening of norms and regulations related to sporting events. From this legal framework, it becomes possible to promote the formulation of stricter regulations, enhance control and oversight mechanisms, and establish appropriate penalties for violent behavior. In this way, the article contributes to the consolidation of a sports culture based on respect, ethics, and safety.
- Promotion of Peace and Inclusion: By establishing the prevention of violence in sports as the responsibility of different entities and individuals, the article seeks to promote peace and inclusion at sporting events. Violence can create a hostile environment and exclude certain groups from participation in sports. Therefore, by emphasizing the necessity of preventing and combating violence, the article aims to promote equal opportunities, diversity, and the full participation of all individuals in sporting events.
- Identification and Accountability: The updated registry of organized fan group members allows for the precise identification of each individual associated with these entities. This is fundamental for holding individuals accountable in cases of illicit or violent conduct during sporting events. With accessible registration information, authorities can investigate and penalize those responsible for acts of vandalism, assaults, or other forms of violence perpetrated by members of organized fan groups.
- Safety and Control: The registry of organized fan group members contributes to the safety of sporting events. By knowing the identities and personal information of the group members, more effective control and monitoring measures can be implemented to prevent conflicts and ensure the physical integrity of spectators, players, and others involved.
- Combating Impunity: The recording of personal information regarding organized fan group members facilitates greater oversight of their behaviors and helps deter illicit practices. When acts of violence, vandalism, or any other infractions are committed by group members, an updated registry simplifies the identification of those involved and the enforcement of appropriate sanctions, thereby preventing impunity and promoting accountability.
- Conflict Prevention and Public Order Preservation: The mandatory registration of organized fan groups contributes to the prevention of conflicts between rival factions. With detailed information about the members, preventive measures can be implemented, such as directing fan groups to separate areas within stadiums to avoid confrontations and reduce the likelihood of disturbances and violence.
- Planning and Security at Sporting Events: Prior knowledge of the personal information of organized fan group members enables authorities and event organizers to develop more efficient security plans. Based on the registration data, intelligence operations can be conducted, individuals deemed at risk can be monitored, and preventive measures can be adopted to ensure tranquility and order during sporting competitions.
- Promotion of Transparency and Accountability: Maintaining an updated registry demonstrates the commitment of organized fan groups to operate responsibly and transparently. By providing personal information, such as full name, address, and Individual Taxpayer Identification Number (CPF), members of the groups are subject to increased oversight and supervision, which may contribute to more appropriate and ethical behavior by these entities.
7. Application of the Principle of Sports Autonomy
8. Applications of the Principle of Legality in Sports Law
9. Application of the Principle of Equality in Sports
10. Applications of the Principle of Sporting Truth
11. Applications of the Principle of Health Protection for Sports Participants
- Pre-Participation Medical Assessment: Before engaging in sports activities, athletes undergo medical examinations to evaluate their physical fitness and identify any pre-existing medical conditions that may pose risks during athletic participation.
- Proper Training: Athletes receive specialized training to develop the physical, technical, and tactical skills necessary for their respective sports. Coaches must ensure that training is appropriate for each athlete's individual capabilities and does not expose them to unnecessary risks.
- Protective Equipment: It is essential to provide athletes with appropriate protective gear, such as helmets, mouthguards, knee pads, and elbow pads, according to the specific needs of each sport. Such equipment can significantly reduce the risk of severe injuries.
- Rules and Regulations: Sports organizations establish rules and regulations to ensure safety during athletic activities. These standards encompass everything from fair play measures and ethical conduct to the prohibition of dangerous or unethical practices that may jeopardize the health of athletes.
- Medical Attention During Competitions: During athletic competitions, it is crucial to provide adequate and immediate medical care in the event of injuries or medical emergencies. This may include the presence of doctors and medical support staff at sporting events.
- Injury Prevention Programs: Athletes should have access to injury prevention programs that include warm-up and stretching exercises, appropriate training techniques, and guidance on adequate rest and recovery.
12. On the Statute of the Fan
13. Final Considerations
References
- BARBANTI, Valdir. What is Sport? Brazilian Journal of Physical Activity & Health, School of Physical Education and Sports at USP, [S.l.], vol. 7, no. 2, pp. 17-28, September 2012. Available at: file:///C:/Users/Ana/Downloads/833-Texto%20do%20Artigo-327-1334-10-20120912.pdf. Accessed on: February 26, 2023.
- BRAZIL. Law No. 9,615, of March 24, 1998. Establishes general norms for sports and provides other provisions. Available at: https://www.planalto.gov.br/ccivil_03/leis/l9615consol.htm. Accessed on: February 26, 2023.
- BRAZIL. Law No. 10,671, of May 15, 2003. Establishes safety standards and means to ensure the physical and moral integrity of those participating in sporting events. Available at: https://www.planalto.gov.br/ccivil_03/leis/2003/l10.671.htm. Accessed on: October 26, 2023.
- HARTLEY, Hazel. Sports Law. Directory of Sports Science. Available at: https://www.unirios.edu.br/internas/biblioteca/servicos/arquivos/ebooks/diretorio_da_ciencia_desportiva.pdf. Accessed on: February 26, 2023.
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