fight against racism in brazilian football

constitutional contributes

Abstract

The aim of this paper is to discuss racism in football at a national level. To this end, considerations are made regarding the fundamental right to equality, addressing its three approaches, including equality as recognition, a more modern perspective. Still in the field of the constitutional right to equality, affirmative actions are conceptualized, and it is demonstrated that these can emerge in the football sphere in Brazil, through racial quotas, given that the different positions to be occupied in football are filled, in their almost entirety, by white people. As will be seen, there is no announcement of vacancies for the positions of coach, director or those related to sports justice, since the criteria for occupation are different. A separate aspect also discussed concerns education, a social right provided for in the constitutional text, which can serve as a resource to prevent acts of racial discrimination in football through the education of young fans. Finally, the aim is to clarify the sanctions resulting from prejudiced behavior, clarifying the possible forms of punishment, whether in the sports, civil or criminal spheres. In the sports sphere, the article 243-G contains the applicable penalties for both sports agents and fans. However, the aforementioned provision is not very explanatory, since it leaves room for the auditor (sports justice magistrate) to judge according to his hermeneutics. In the criminal sphere, it is worth highlighting the conversion of racial injury into racism, promoted by Law No. 14.532/23, which gave more autonomy to the Public Prosecutor's Office to repress racist attitudes.