RACISMO NO FUTEBOL: análise das limitações da persecução penal frente à atuação da justiça desportiva

Abstract

Racism constitutes a structural phenomenon that permeates various spheres of Brazilian society, including football, an environment historically marked by ethnic-racial tensions and recurrent episodes of racial abuse against athletes, supporters, and sports professionals. However, despite Brazil possessing one of the most advanced legal frameworks for combating racism, there exists a notable fragility in the practical application of criminal sanctions, particularly when such conduct occurs within the sporting context. This monograph aims to analyze the legal and institutional barriers that hinder effective criminal accountability for racist practices in football, with particular emphasis on the role of Sports Justice and its limitations when addressing conduct that violates fundamental rights. The methodology employed was hypothetical-deductive, based on bibliographic and documental research, alongside analysis of real cases extracted from reports by the Observatory of Racial Discrimination in Football. The study demonstrates that, although racial abuse has been legally equated with the crime of racism and classified as a public criminal action requiring no private complaint, sporting institutions continue to treat such conduct as disciplinary infractions, punishable by warnings or fines, without the necessary involvement of the Public Prosecutor's Office or the Judiciary. This dynamic reinforces impunity and normalizes discriminatory practices within stadiums, creating a form of "tolerance zone" for racism. The research concludes that, while Sports Justice plays a relevant role in organizing national sport, it cannot replace criminal jurisdiction in cases that constitute crimes. It is therefore essential to rethink the institutional mechanisms for confronting racism in sport, strengthening criminal enforcement and ensuring that the protection of fundamental rights extends effectively to the sporting environment as well.