Direito de imagem e direito de arena nos contratos de jogadores profissionais do futebol brasileiro

Abstract

Football, one of the most popular sports in the world, has Brazil as one of its homes, and naturally, family members live through the sport across the country. This college work presents an analysis on the use of image and arena rights - by the professional football athlete - in labor relations. Making an entire historical overview of the sport in Brazil, following its evolution and professionalization, in accordance with the development and improvement of current legislation, from the beginning to the present moment. Passing through some regulatory milestones that accompany the country's constitutional progression, the inclusion of the Zico Law, updating itself with the Pelé Law and fundamentally enshrining itself with the 1988 Constitution. And, finally, the differentiation of image and arena rights within the special employment contract, as well as with its consequences, its forms of recognition and all its nuances. The approach method will be the deductive one, through dogmaticinstrumental research, with comparative procedure methods, as well as the statistical one, making use of some research techniques such as bibliographic research, documental research, analysis, and observations of doctrinal positions as well as of the entire gradual and evolutionary framework of current legislation, from the beginning to the present time. Even when dealing with different normas, image rights and arena rights are part of the reciprocal relationship between player and club, impacting the monetary return on those involved. The image right can only be negotiated by the athlete, due to its very personal character, in which it is available for economic exploitation, in the most varied scopes, and with regard to the image of the athlete or coach, the arena right belongs to the club that holds the power to negotiate the transmission of the sporting spectacle, that is: while the image right concerns the player who participates in campaigns, the arena right concerns the image of the one who - effectively - participates in the competition.