O direito penal e as artes marciais: a relação entre a lesão esportiva e a responsabilização criminal do professor de artes marciais

Abstract

Due to the growth of the practice of modalities and styles of fights, the figure of the Martial Art Teacher or Instructor becomes fundamental, as well as their responsibility in cases of injuries resulting from the practice of sports. In Brazil, the normative void on the matter and a frustrated attempt to overcome this omission by PL 3649/2020 indicate that there is a deficiency in its legal understanding. Therefore, the present work analyzes the consequences related to criminal responsibility in situations of injuries resulting from the practice of martial arts. It is proposed to answer the following question: What are the legal consequences, in the sphere of Criminal Law, for the martial arts instructor in cases of injuries arising from the practice of sports? In this perspective, it performs an analysis of the aforementioned PL 3649/2020, which provides for the exercise of the profession of martial arts or combat sports teacher. In addition, it presents an investigation about the use of violence in the practice of Martial Arts and Combat Sports. Subsequently, it deals specifically with criminal liability and when a situation of aggression in the sports context constitutes a crime. Finally, it is concluded that there is no need to talk about the Teacher's/Instructor’s criminal liability when he did not contribute to the crime having occurred, much less when the injury occurs within the rules established by the sport, even if on purpose.