A violência praticada por integrantes de torcidas organizadas de futebol no Brasil e a responsabilização solidária: uma análise acerca da constitucionalidade do artigo 39-a da lei 10671/2003

Abstract

The right to freedom in a broad sense and the right to association are provided for legal in article 5 of the Federal Constitution, and are considered fundamental rights of every citizen, and cannot, in any way, be violated without a clear and legal motivation, legally speaking, for this. With this in mind, the organized football fans, as legally established associations, have a specific law that will deal with your rights and duties as an organization, composed of individuals with the same goal, being characterized by support unconditional to your heart club surpassing the influence of an ordinary fan, and starting to participate in economic and even political aspects of their respective clubs. That said, article 39-A, which is contained in this law, has a objective and solidary punishment to the members of the organized fans who have involvement in any violent incident, preventing them from entering the football stadiums for a period of up to 5 years, thus resulting in a punishment widespread, without proper analysis of the conduct of each member of the organized crowd in an individualized way, so that it is possible to identify, among all members those who actually took part in the violent incident. That said, the present This work seeks to discuss the constitutionality of article 39-A of law 10671/2003, making an analysis in light of the fundamental rights of freedom in a broad sense and of the right of association provided for in the constitutional text