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 |
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Colaborador(es): |
CARLOS NELSON DE PAULA KONDER - Orientador |
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Catalogação: | 24/JUN/2025 | Língua(s): | PORTUGUESE - BRAZIL |
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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. |
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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 |
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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.
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