A aplicabilidade das sanções civis às torcidas organizadas na nova Lei Geral do Esporte

Abstract

In view of the recent enactment of the General Sports Law, in 2023, many questions were asked about the chapter that deals with organized fans, especially article 178, paragraphs 5 and 6, which deal with the civil liability of fans. Therefore, in order to understand the provision and its paragraphs, it is necessary to focus on the general aspects of civil liability, analyzing the elements of civil liability, distinctions between civil and criminal liability, civil liability systems, classifications of civil liability and theories of causal nexus. In addition, it is important to carry out a study on collective actions, in order to understand issues of legitimacy, passive and doubly passive collective actions which allow organized fans to be the passive pole of a lawsuit, civil associations and organized fans as a civil association This monograph also sought to glimpse how article 178, paragraphs 5 and 6 of the General Sports Law is or should be applied in practice, through jurisprudence involving organized fans