Would the youngest Corinthians fan be a scapegoat?
Both Bolivian and Brazilian authorities should make a strong effort to ascertain the truth of the facts.
Another premature death on our continent: Kevin is his name. In a football stadium in Bolivia, he was struck by a deadly flare, allegedly fired by a member (or members) of the Corinthians fan group. Nietzsche admitted that civilization is the only path to the domestication of the human animal. The problem is that civilization is very slow. As long as we are not domesticated, there is room for our animality, eccentricity, and vulgarity.
Naturally, we shouldn't go to football stadiums and entertainment venues with fireworks and similar displays. How much we lack continuous self-restraint. By giving unlimited and unconditional free rein to our Eros (love, fun), our vulgarity and eccentricity, we lose ourselves in our Ethos (ethics). It's even worse if the minor who assumed responsibility is being used as a "scapegoat," that is, chosen to expiate (purge) the guilt of others. He would have been presented as "guilty" of the event.
Ever since the Spanish and Portuguese, at the end of the 15th and beginning of the 16th centuries, brought their decadent culture, marked by violence, greed, and faith, to the colonized (conquered) countries, we have been daily counting premature deaths that could have been avoided. Tragedy after tragedy. Massacre after massacre. These are neither the work of God nor the result of fate. It is practically all preventable!
The Brazilian Statute of Children and Adolescents (ECA) does not foresee the possibility of a minor being held responsible in Brazil for acts committed outside of our country. However, it is clear that we must combine Article 103 of the ECA (which defines crimes and misdemeanors as infractions) with Article 7 of the Penal Code to admit the extraterritoriality of Brazilian criminal law when a Brazilian (minor) commits a "crime" outside of our territory. Reasoning differently would guarantee impunity. The minor would be held responsible for the "crime" (committed abroad) here in Brazil, according to Brazilian laws, applied by Brazilian authorities.
It is certain, in any case, that the minor cannot be extradited, either by virtue of our Constitution or by virtue of international treaties (see Ramidoff, at atualidadesdodireito.com.br). Both Bolivian and Brazilian authorities should make a strong effort to ascertain the truth of the facts.