The court ordered the payment of R$150,000 in compensation to the relatives of the fan who was killed using a barbecue skewer in the confrontation between Flamengo and Botafogo organized supporters, near the Nilton Santos Stadium (Ingenhão), in the 2017 state championship. The lawsuit was brought by the mother, father and brother of Diego Silva dos Santos, a partner of Botafogo, against the state of Rio de Janeiro, the Rio de Janeiro State Football Association and the football clubs.
The decision of the Sixth Chamber of Public Law condemned the Rio de Janeiro club, the association and official sponsor of the game, in this case Botafogo, to pay compensation, taking into account the lack of security around Engenhão. According to the news at the time, days before the football match, there was a protest at the police headquarters where police relatives blocked the exit of vehicles and demanded better working conditions. Botafogo claimed that he requested police reinforcements and increased the number of personnel inside the stadium from 60 to 65 police officers.
The match went on normally. But two hours before the start of the match, clashes occurred between organized fans at the entrances to the stadium, as there was an absence of police. The decision of the Sixth Chamber of Public Law indicated that public security does not assume immunity, but rather depends on individual wisdom. Failures in security entail a state’s duty to compensate, since the damage was foreseeable and avoidable.