Logo PUC-Rio Logo Maxwell
ETDs @PUC-Rio
Estatística
Título: THE SPORTS AGENT CONTRACT AND ITS AUTONOMY IN RELATION TO THE CONTRACTUAL MODELS PROVIDED FOR IN THE BRAZILIAN CIVIL CODE
Autor: VICTOR MEDEIROS DA FONSECA
Colaborador(es): CARLOS NELSON DE PAULA KONDER - Orientador
Catalogação: 24/JUN/2025 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: THESIS
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=71232&idi=1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=71232&idi=2
DOI: https://doi.org/10.17771/PUCRio.acad.71232
Resumo:
The aim of this paper is to demonstrate that the sports agency contract is autonomous in nature, since it does not appear to be suitable for any typical contract provided for in the Brazilian Civil Code, and the analysis of the range of peculiarities that compose it also does not allow it to be classified as an atypical contract. To this end, the dissertation is composed of three chapters, the first of which is dedicated to outlining the historical context surrounding the activity of the sports agent, focusing on professionals working in football, presenting its concept, investigating its role, detailing its internal regulations (edited by the CBF – Brazilian Football Confederation) and external regulations (edited by FIFA – International Federation of Associated Football), and pointing out how the figure of the sports agent orbits in national legislation, with a brief emphasis on the debate on the full constitutional autonomy of private entities that control sports and the requirements they impose for the exercise of the profession. The second chapter highlights the payment method for sports agents, emphasizing the controversy surrounding recent regulatory changes aimed at limiting their earnings, presenting the competent bodies for resolving conflicts and highlighting the current case law position on disputes involving non-payment of their commissions, focusing on the theory of effective cause and non-compliance with the exclusivity clause. The third and final chapter presents the relevance and definition of contract qualifications, the concept of typical and atypical contracts, the explanation and description of the typological method used in this work to qualify sports agency contracts, the comparison of this type of contract with other modalities governed by the Brazilian Civil Code, with subsidiary support from general principles of law, if necessary, concluding with the overview of this methodological analysis. Finally, a proposal for a bill to regulate the sports agent profession in Brazil was attached to the work.
Descrição: Arquivo:   
COMPLETE PDF