STATE CIVIL LIABILITY IN CONFLICTS INVOLVING ORGANIZED SUPPORTER GROUPS

Abstract

This undergraduate thesis focuses on the analysis of the State's civil liability in cases of violence involving organized supporter groups in Brazil. Considering football as a phenomenon of significant social, cultural, and economic relevance, the role of these supporter groups is highlighted, as they are part of the national sports identity but have increasingly been involved in violent conflicts inside and outside stadiums. Such incidents raise important discussions about the State's duty to ensure public safety and the legal consequences of failing to fulfill this obligation. The research is grounded in Article 37, §6 of the 1988 Federal Constitution, which establishes strict liability for State actions, and in the prevailing legal interpretation that requires proof of fault in cases of omission. The study also relies on the Civil Code, the General Sports Law (Law No. 14.597/2023), the works of renowned legal scholars, jurisprudence, and recent news reports. The methodology adopted is bibliographic and documentary, with a qualitative approach. The aim is to investigate the legal basis for State liability, identify exclusions from liability, and reflect on the effectiveness of public actions in preventing and addressing violence at sports events. As the research progresses, it becomes evident that the State, as the guarantor of public order and collective security, has the constitutional and legal duty to act effectively in preventing and repressing such conflicts.