Artes marciais e a violência: o mito do tratamento do lutador como arma branca e as possibilidades do estado para puní-los dentro da legalidade

Abstract

The work deals with the concept of black belt, the highest technical degree of a certain martial art, inserting it within the possible consequences of the misuse of technical knowledge. It maintains that, especially from the analysis of Criminal Law, it is possible to identify problems and gaps in the differentiated application to the martial arts practitioner. It brings the prospects of moderate and conscious use of the sport. It understands the idea of ​​the indispensability of enabling an appropriate legal protection for these cases respecting constitutional limits. It also discusses the possible assimilation of technical knowledge as a judicial and qualifying circumstance, and of the black belt practitioner, with the white weapon, since, although unconstitutional in Brazil, it is a debate that is becoming increasingly widespread . The present work also analyzes the limits and species of self-defense in the concrete case, as well as the behavior of the State and what the possible ways of regulating the conduct of the aggressor black belt, acting within the constitutional limits and at the same time without equip- them to other citizens