A “lei seca” nos estádios: a (in) constitucionalidade das leis locais que liberam o consumo de bebida alcoólica nos recintos esportivos

Abstract

The Statute of Defense of the Fan has emerged in the Brazilian legal system, mainly to protect and discipline the lover of national sport, aiming at maintaining order and civility in Brazilian stadiums. However, as violence rates increased over the years, public authorities opted to prohibit the consumption of beverages that could generate or allow violence to be practiced in sports venues, causing a strong debate in the sports field. It occurs that three member states of the Federation faced the Statute in regulating the sale and consumption of alcohol in their stadiums on the grounds that they have legislative competence to do so and that the federal norm is not clear in its text when referring to alcoholic beverages. In this way, it was tried, in first place, to expose the origin and the characteristics of the Statute of Defense of the Fan for an adequate contextualization of the main topic proposed. Next, this monograph evaluates the main provisions listed by the Statute regarding the subject and, finally, analyzes the constitutionality of local laws based on the Direct Actions of Unconstitutionality approach that are processed in the Federal Supreme Court in violation of state norms.