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Exclusion of people from a football stadium

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The exclusion of people from accessing a football stadium is the topic of the latest op-ed piece by Natasha Soares, BAS’s consultant and APPD associate, published in the sports newspaper O Jogo.

1. When does the exclusion of people from accessing a football stadium apply?

The exclusion of people from accessing sports facilities prevents the temporary presence of a person in one or more sports venues. The ban aims to fight violent, racist, xenophobic and intolerant acts and ensure that the game is safe and ethical. The accessory sentence of an interdiction is applied after the final decision is announced that condemns the accused for the practice of one of these crimes: qualified damage; disturbing the peace on the way or coming out of a sporting event; throwing of objects or products; invasion of the event area; offenses to physical integrity with the collaboration of others. The interdiction lasts from 1 to 5 years, if a more severe penalty is not decided, and may imply the obligation for the offender to present himself to a judicial authority or criminal police body (CPB) at specific times and hours, usually at the defendant’s club game time. Pending the criminal proceeding, if there are strong indications that one of the identified crimes or the crime of distribution and sale of false or irregular ticket exists, the judge may apply the interdiction measure and/or prohibit the offender from coming within the vicinity of the stadium In the 30 days prior to a match.

 

2. Is it possible to exclude without due criminal process?

The sentence rendered in a judicial process for the practice of acts or incitement to violence, racism, xenophobia and intolerance; for the introduction or use of explosive devices, pyrotechnics and throwing of objects that does not constitute a crime, in addition to generating fines, may impose a ban for up to 2 years. The process is the responsibility of the Portuguese Institute of Sports and Youth, which initiates it officially after receiving a report by the CPB, with the IPDJ having the decision to prohibit the access. The clubs have the right to denounce behaviours that may generate a ban to the IPDJ, so that it initiates the respective process.

 

Natacha Soares

APDD associate n.º 240

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