Doing Business in Brazil

18. Sports Law in Brazil – relevant aspects

10/05/15

The sports are the expression of a social fact which ever more penetrating evidence one cannot discuss.  The sports phenomena, as permanent fact, through people and civilizations, with its nature of institution ingrained in the modern society, has created a true Sportive Law, with more or less defined rules and principles, which existence is recognized and which is implemented with practices and laws strictly applied to whatever happens in the sports life”.
João Lyra Filho

18.1. Introduction

Taking into consideration the constitutional provision of incentive to Sports, expressed under article 217 of the 1988 Federal Constitution, we can see that the progressive strengthening of the possibilities of action for the Law operators in this new work area is not so strange, moreover after the constitutionalization of the independence of the sportive entities, management and new guidelines consigned by the “Zico” and “Pelé” Laws.

The rising of the worldwide phenomena called Sports – and of its large meaning to the human being – shall be understood historically, as one of the initial manifests of the Law, albeit strongly connected to elements such as Religion, (activities motivated by the adoration of the Gods) and Militarism (war qualification exercises).

The athletic figure based in the Greek ideal and the list of privileges granted to the Roman athletes also serve to perfectly illustrate the relevance of the sportive manifests, which, already in such ancient societies, also had social and political purposes, such as the entertainment of the people and the personal valuation of the organizers and winners.

The fact is that recently the Sports left behind the rusted and unpretentious investment it received from the State to enter in the era of private incentive, where the cooling of the dispute, the professionalisation of the sportive relations and the establishing of corporate bases come to join the administration of the high yield sports.

Therefore, the sportive event which is not duly inserted within a structure involving Sportive Marketing, Publicity Negotiation, Suitable contracting of Royalties for the use of intellectual property assets and image both of the corporate-club and of the athletes, as well as the regulation of the Arena Rights, will certainly have its days counted to expire.

Accompanying the changes and evolution of the relations involved by the current Sports, the sportive legislation grows in sensibility, trying to establish a balance of all relations, setting aside understandings grounded in the devaluation of the athlete and enrichment of outdated entities.

18.2. Background on the sports law in Brazil

The sportive legislation was created to rule the games performed by the ancient civilizations. It served as means of control by the public authorities and establishment of penalties for the loosers and privileges for the winners. In the past, violence of accepted both in the games and in the punishments.

In his article “History of the Sports legislation”1, Álvaro Mello Filho describes the origin of the sports legislation:
“The sports legislation has its more distant origins inserted in the rules which the primitive people accepted as sacred and which were carefully met, even before the ancient games never lost the connection with the religious ceremonies, ending always by a religious praise of a God or hero. (…) We must timely add that, at the time, the games were presided by a Judge and attended mandatorily by an employee with rank identical to that of the current Police Marshalls, which clearly reveals how ancient is the practice of intervention of public authorities in the sports issues and in the creation of the sports law”.

The Brazilian sports is ruled, at the present time, by Law no. 9.615, of March 24, 1998, the so called Pelé Law and its amendments, as well as by the Fan Statute, Law no. 10.671/03. These two diplomas form the backbone of our Sports Law, there being other supplementary rules, such as, for instance, Law no. 9.696/98, which provides on the regulation of the Physical Education Profession, Law no. 6.354/76, on the labor relations of the soccer professional athlete, and many other.

However, its creation was drafted with the creation of the National Culture Board (Decree-Law no. 526, of July 1, 1938), office coordinating all activities related to the cultural development of the country, including physical education (Gym and sports).

During the following year, Decree-Law no. 1.056 instituted the National Sports Commission. On 1941, Decree-Law 3.199 instituted the National Sports Board, with national reach, and the Regional Sports Boards. As of such Decree, the relations between Clubs and Athletes started to be ruled by means of administrative rules of the Confederations and Regional Federations.

On March 25, 1943, Decree-Law no. 5.342 was enacted, providing on the competence of the National Sports Board and on the ruling of the sports activities. This decree has a disciplinary and intervening nature, since it demanded the sportive entities should have an operation license.

The Labor Code of May 1, 1943 provided that the relationship between the Clubs and the Athletes were subject to the labor legislation.

Along the 50’s and 60’s, the athletes received important labor guarantees such as a 15% share of his “pass” value, predetermined working hours, vacations, insurance, labor agreement, etc.

Law no. 6.251, of October 08, 1975 condensed in the National Sports Board the legislative, executive and judicial features, making it a regulatory office exercising inspection and control acts and judging sports issues.

On December 2, 1976, there was enacted Law no. 6.354, ruling the profession of professional soccer athlete, which is in force with few amendments, especially those introduced by Law no. 8.672/93 (Zico Law) and, now, by Law no. 8.615/98 (Pelé Law).

However, the great turnaround of the Sports Law in Brazil was upon its constitutionalization in 1988. Article 217 of the Constitution states that Sports are a right of each one, and that the State is incumbent to foster the sports practices, whether it is or not grounded on rules.

As of the enactment of the 1988 Federal Constitution, the Sports Law starts to settle as an independent branch, perfecting and expanding its coverage, seeking subsidies and support in the Civil Law, Labor Law, Criminal Law, Social Security Law and Tax Law, etc.

18.2.1. Brazilian World Cup Statute

Law No. 12.663/12, the World Cup Statute, was part of negotiations package between the Brazilian government and FIFA itself, in order to make 2013’s Confederations Cup and 2014’s FIFA World Cup possible to happen. The provisions of the Statute have been thoroughly discussed between these parties and the Brazilian National Congress. Several hot spots have been resolved, such as half-price rights, sales of alcoholic beverages at the stadium, civil liability for events during the competition, issuance of visas for foreigners, etc.

One of the landmarks of this Statute was the establishment of maximum protection to trademarks owned by FIFA without BPTO procedural intervention. Thus, FIFA’s trademarks were granted by BPTO as “high repute” trademarks, that is, were found protected in all areas of activity and against third parties registrations in all classes of products and services. The Statute also provided procedures to protect FIFA’s trademarks and World Cup’s symbols, to prevent the registration of similar marks.

Non-sponsor Companies that make advertising related to the World Cup, exhibition of games, ticket sales, among others, shall pay FIFA for damages in value to compensate its harms.

As a measure against ambush marketing, the Statute in question allowed FIFA to establish areas of commercial restriction (i.e. exclusive areas) within 1.2 miles around the stadium, with no prejudice to the commercial establishments already in operation, provided that they do not try to associate their activities with the matches. This means that local merchants could not advertise for the competitors of the official World Cup sponsors in the vicinity of the stadium. However, the Act does not forbid selling the competitor’s products.

The Statute established special types of crimes such as reproduction or forgery of FIFA’s symbols, as well as dissemination of products related to the World Cup. The penalty was imprisonment from three months to one year plus fine, upon FIFA’s complaint. The provisions for these crimes expired on December 31, 2014, likewise many other provisions of this Statute.

18.3. No pledge of athlete contract 
Profession Exercise Freedom

Let us start with the conclusion: The athlete, a person provided with own will, free to come and go and legitimate owner of the freedom to exercise his/her profession, may not be subject to any kind of pressure, regardless of the legal relationship between club and creditors, athlete and club, or creditors and athlete.

Any pressure on the athlete constitutes an offence not only against the human being, but also against his/her free work, which is constitutionally granted right.
Pledge is a procedure that is part of any execution proceedings, more specifically in cases of executions of a solvent debtor for any due amounts. It consists basically of expropriation of as many debtor’s assets as necessary to pay the debt to the creditor. Expropriation may be based on the sale of debtor’s assets, transfer of such assets to the creditor, or right to use real estate or company.

Article 28, § 2, of Law No. 9,615/98, Pelé Law, provides that the athlete’s sport relationship with the contracting party is subsidiary to the respective employment relationship, and will cease, for all legal purposes, at the end of the employment contract, except in the case provided in Article 29, item II, § 3, of that same Law.

As such, all athletes, formerly considered as exchange currencies, are now seen differently upon the entrance of Pelé Law into force. What should be avoided is the reduction of human beings to material things, that is, as a result of the extinction of the “exclusivity contract” (restriction of the sport relationship between an athlete and the sport entity) by Pelé Law, there is nothing more to say about the pledge of the athlete’s exclusivity contract.

However, after the Constitution of 1988, even in relationships where the “exclusivity contract” was still in force, pledge was no longer admissible. In this sense, the Regional Court of Justice of the 9th Region ruled as follows:
“FOOTBALL PLAYER – PLEDGE OF EXCLUSIVITY CONTRACT – It is undeniable that the exclusivity contract, for those contracted before the effectiveness of Law No. 9,615/98, is closely linked to the person of the athlete, as its commercial value is directly related to his/her professional performance personally, and also because the exercise of sport activities is related to the contracting club. Therefore, its pledge is inadmissible, under the penalty of agreeing with the restriction of the actual human, what conflicts with the fundamental rights provided in article 5 of the Constitution of the Federative Republic of Brazil of 1988, given the fact that the nature of the matter at issue is closely related to the human being. (TRT 9th Region – AP 3655/2001 – (11288/2002) – Luiz Eduardo Gunther, Justice – DJPR 17th May 2002)
Pledge of exclusivity contract constitutes a gross violation of the dignity principle (Article 1, item III of CF/88) and of the professional freedom right (Article 5, item XIII of CF/88). According to such constitutional principles, no kind of restriction on the human being, which would make he/she be treated as an exchange currency, like something incorporated to somebody else’s assets, would be feasible.

18.4. Labour Aspects

Article 5 in its indent XXXV of CF/88 states that “the law shall not exclude from the analysis of the Judicial Power, any lesion or threaten to the Law”. Thus, we rapidly conclude that article 217, paragraph 1 of the Federal Constitution, according to which “The Judicial Power shall only accept suit related to the discipline and sports competitions after the sports justice instances are exhausted, as ruled by the law”, shall only apply to sports issues of disciplinary nature or related to the competitions. Regarding the labor issues, article 5, indent XXXV of the Constitution.

The Jurisprudence is abundant to support such understanding.

“Competence of the Labor Justice. The Professional Athlete may enter Labor Justice directly, when its interest is bound to labor rights without affecting the provisions of article 29 of Law 6.354/76 under the terms of sports athletes’ behavior. The exhaustion of the phase where the competence of the Sports Justice is established, only interests the ruling of the sports”. (TST, 1st Team – RR 6646/82 – Reporting Judge. Min. Ildélio Martins – Bol. do TRT 2nd Region – p. 105)
“It is clear, in casu that this is not a disciplinary issue nor does it relate to the contests, in which case the competence lies with the Sports Justice, according to article 217, paragraph 2, of the Brazilian Constitution/88. The matter related to the Labor Law is challenged, as all requests of the initial petition refer to labor moneys, there being no request related to the sports area.
Therefore, article 114 of the FC/88 applies, being such specialized Justice competent to judge the fact”. (TRT – 10th Region – 3rd Team – Ac. No. 2920/95 – Reporting Judge Francisco Leocádio – DJDF 25.08.95 – p. 11877)
Therefore, as provided in the above ruling, such decisions also observe the provisions of article 114 of the FC/88:
“Article 114 – The Labor Justice is competent to conciliate and judge the individual and collective bargains between employees and employers, covering the external public law entities and those of the direct and indirect public administration of the Municipalities, Federal District, States and Federal Government, and, according to the Law, other controversies originated from the labor relations, as well as the litigations originated from the enforcement of its own sentences, including collective ones”.

One of the controverted points of the labor relations between athletes and employers is the pledge of the professionals “Pass”.

The Pledge of the athlete’s pass constitutes flagrant infringement of the principle of dignity (article 1, indent III of the FC/88) and of the professional freedom right (article 5, indent XIII of the FC/88). One cannot, in respect of such constitutional principles, understand any kind of blockade of the human being to be feasible, in such a way as it becomes treated as exchange currency, as something which is incorporated to third parties equity.

18.5. Asset Exploration

18.5.1. Corporative Club – equivalence to commercial companies

The sports as well explained above, constitutes the maximum expression of the fan passions, for many reasons. Sports flourish emotion in face of the events, sports calls for health, companionship, stamina, faith, that is, an explosion of emotions which, invariably, manages to gain income in face of the sale of products and provision of services related to sports.

This way, a continuous evolution of the Sports Law was to be expected, and the notions involving the exploitation of equity assets pertaining to the area of Sports were to reach the current business extent, moreover after the enactment of Law no. 9.615/98, which institutes, in its article 27, the mandatory obligation of the sports entities, which dispute professional contests of converting to corporations.

Article 27 of the referred Law states:
“Article 27 – The activities related to contests of professional athletes are private privileges of:
I – civil companies with profit purposes;
II – commercial companies accepted by the current legislation;
III – sports entities which constitute business companies to manage the activities covered by this article.
Sole Paragraph: The entities covering indents I, II and III which infringe any provision of this Law shall have their activities suspended, for as long as the infringement is in force”.

However, the Provisional Measure no. 39, of June 14, 2002, gave new wording to article 27 of Law no. 9.615/98, which became in force as follows:
“Article 27 – In face of the imminently corporative nature of the management and exploitation of the professional sports, the sports practices entities participating of professional contests and the leagues into which they organize, which do not constitute commercial companies or do not hire commercial company to manage its professional activities, are equivalent, for all legal purposes, to factual or irregular companies, under the Commercial Law”.

Therefore, it should be established that, when comparing to the commercial company, the corporate club is also subordinated to the commercial rules inherent to the corporate conduction of its business.

Especially when we speak of negotiations involving companies with aim at profits through sports, we are discussing licensing of products and earning of royalties for such exploitation.

Thus, it is initially though on the necessity of the commercial companies to protect their intellectual assets, so as to prevent their undue use.

18.5.1.1. Registration of intellectual assets – requirement

At such pace, we would prematurely conclude that the registration by the corporate club of its name with the relevant Boards of Trade is mandatory, as well as the registration of their trademarks with the National Institute of Industrial Property (INPI). Additionally, we must enhance that, due to the declaration judicial nature of the Copyrights on artistic or literary works, such registration would not be mandatory.

In relation to sports clubs, the trademark and commercial name mistake themselves, taking into consideration that the corporate name of a Club is many times, its own trademark. Examples: Santos Futebol Clube, Clube de Regatas Flamengo, etc. It is notorious that the sports clubs worldwide sell their products such as official shirts, training shirts, flags, caps, flammules, lighters, alcoholic beverages with their printed trademarks. Such sale certainly attracts a great volume of clients such as fans and collection addicts, in addition to being a guarantee of capture of additional income resources. Making their trademarks a distinction to identify and differentiate its product from the other.

Thus, it is hereby convenient to shortly separate the definitions of trademark and corporate name, so that we can understand its intersections as identification signs.

Law no. 9.279, of May 14, 1996 defines trademark in its article 122 as being the visually seen distinction capable of identifying the origin of products and services of different origin, not comprised in the legal prohibitions.

The corporate name is the name under which the businessman exercises his activities, whether individually or with partners. The corporate name may be a name or a company The name will usually be a fantasy name, while the company is the corporate name constituted by the name of one or more partners, and shall observe the principle of truth.Therefore, in spite of having different purposes taking into consideration that the corporate name serves to identify a businessman from the other and the brand (trademark) serves to differentiate a product/service from its competitors, this can be seen when we realized that the two institutions are different signs and, as such, deserve suitable protection against the undue use by third parties.

In spite of the fact that we imagine that the protection of the intellectual property assets is a mandatory measure by the corporate clubs, the contents of article 87 of Law no. 9.615/98 (Pelé Law) states the contrary:
Article 87 – The name and the symbols of sports administration entities or sports practices, as well as the name or sportive nickname of the professional athlete, are the exclusive property thereof, counting with the legal protection, valid throughout the national territory, for undefined period of time, without requiring registration or enrollment with the competent office.
In this sense, the protection of the name, symbol, trademark or corporate name independs from registration with the competent office to produce effects. That is, in thesis, the registration of such names and symbols would not be mandatory.

On the other hand, taking into consideration that the corporation club receives income from the sale of products displaying its famous signs, it is necessary to call the attention of the possible future businessmen that: The registration may not be mandatory, but it is convenient.

Thus, it is necessary to clarify the title of such assets before the INPI and according to the Industrial Property Law (LPI) in force in the country. According to article 128, paragraph 1 of Law no. 9.279/96 (LPI) the commercial companies must have a commercial activity related to the products/services which its trademark intends to identify. This means that it is necessary to state among the commercial activities contained in the Object of the Articles of Association or Bylaws of the corporate club the products/services which its trademark aims at identifying. Not always the corporate object anticipates all and any type of product/service for its trademark to be able to identify them, and, thus, be subject of exclusive protection through the national territory, one of the effects of the trademark registration.

For such purpose, we offer two possible solutions, should the related activities not be listed:

(a) Amendment of the Articles of Association or Bylaws of the corporate club so as to adjust to the products/services which it wishes to identify;

(b) Constitute a hired company specialized in the exploitation of intellectual assets to obtain profits with its trademark, naming any product or service.

The registration of the Intellectual Property assets is also important since, without the trademark or the Copyright duly registered or materialized, the Agreements involving such assets will not produce erga omnes effects.

Additionally, the contracts based in the commercial name with no trademark registration with the INPI are not accepted by the Contacts Management of the INPI, as we will see later:

Finally, even though the non obligation of registration of the trademark of the corporate club before the competent office is expressed, as provided by the Pelé Law dealing specifically with the sports rules, it is evident that the trademark registration is recommended. Under the terms of the LPI, the registration of the trademark with the INPI is mandatory, for it to enjoy legal protection, since there is no separation between the corporate club and the other commercial companies.

18.5.2. Athlete – Arena Rights – Image Rights

The Arena Rights are guaranteed by the 1988 Federal Constitution, classified as image rights and expressly provided under the Pelé Law, so as to protect the athlete for the use of his image in a sports event. Taking into consideration the peculiarities of the sports event, the Law establishes that the right of negotiating the determination, transmission and retransmission of the sports event belong to the sports practice entity to which the athlete is linked.

It would be illogic to conceive the idea of having each athlete individually negotiating the use of his image in the sports event.

Article 42 of Law no. 9.615/98 states:
Article 42 – The sports practice entity has the right of negotiating, authorizing and prohibiting the determination, transmission or retransmission of image of sports events of which they participate.
Paragraph 1 – except for any provision otherwise, twenty percent of the total price of the authorization, at least, will be distributed, in equal parts, to the professional athletes participating of the event.
paragraph 2 – The provisions of this article do not apply to flagrants of sportive events exclusively for journalistic or educational purposes, which duration, jointly, does not exceed three percent of the total time foreseen for the event.

It is important to emphasize that the rule of article 42 of the Pelé Law does not authorize the exploitation of the athlete’s image outside the sports event. Thus, all athlete image exploitation outside the event (advertising, photos, films, launch of products with its name, etc.) shall be negotiated with the same by means of an agreement.

We give below decisions of the Superior Court of Justice on such respect:
“The arena rights, which the law assigns to the sports entities, is limited to the determination, transmission, retransmission of sports events, and does not encompass the use of image received by means of the issue of a “pictures album” (STJ – 4th Team, j. 04/12/1999)
“The arena rights, which the law assigns to the sports entities, is limited to the determination, transmission, retransmission of sports events, and does not encompass the use of image of the players out of specific situation of event, as like in the reproduction of pictures to compose a “pictures album” (STJ – 4th Team, j. 09/12/1994).

Therefore, in addition to the minimum of 20% percent of the total price of the authorization for the determination, transmission, retransmission of sports events, the professional athlete is entitled to individually negotiate the use of his image in the remaining cases.

18.5.3. Licensing of products and services

As we saw above, the protected intellectual property assets are inevitably important in the sense of bearing exclusivity over important issues such as the trademark or corporate name of a corporate club.

Obviously, there are rules for the Agreements involving such intellectual assets to be well received by the INPI regarding their registration.

The first question to be asked is whether the agreement will or will not be valid between the parties in the absence of registration with the INPI. The answer is affirmative, since the registration only occurs as a formality and the form, in the Brazilian Law, is only a validity requirement of the act when it is required by its solemnity (for instance, a public deed for the purchase and sale of a real estate property).

When the form is a mere evidence mean, it will not be a validity requirement of the act between the parties, thus, one can say that the contract is perfectly valid between them, producing effects irrespectively of the registration with the INPI.
This form issue leads us to the first important effect, which is, that of the effectiveness against third parties, that is, the assumption of publicity of the act.

If a trademark is licensed and the owner of the trademark sells it, and the license is not registered with the INPI, the buyer of the trademark will not be obliged to observe the license. On the other hand, if the license is registered with the INPI, the buyer shall not allege ignorance regarding the license, being consequently obliged to observe the license already granted.

An important consideration arises from the doubt of whether or not the documents registered with the INPI are deemed public documents, since, if the answer is positive, all people, including the competitors, will have access thereto. Such documents shall be deemed public, because it will be exactly the publicity which will grant the validity against third parties.

The payment remittance abroad also constitutes one of the effects of the agreements. If the agreement provides for the remittance abroad, the Brazilian Central Bank will certainly allow such remittance if approved by the INPI, which, still now, conducts an examination on the merits of the contract. (even thought it is no longer entitled to do, so after the enactment of LPI/96).

The last important effect is that of the tax deductibility. We all know that the company prepares a balance sheet at the end of each year, so as to check its net profits. The Tax Law determines additions and exclusions in the Actual Profits Determination Book, with the intention of achieving the actual profits, which will be the calculation base for the Income Tax. The expenses reducing the net profits shall be added to the actual profits when they are not deductible or operational.

A License Agreement of intellectual asset evidently generates expenses. For such expenses to be deemed operational and deductible, the contract must be registered with the INPI.

However, if the contract was executed between local companies, there will be expenses for one of the companies, but income for the other. One can state that the demandability of registration with the INPI is waived so that the expenses with the payment of trademark licenses, in a contract executed between local companies, can be physically deducted. Nevertheless, a different understanding of the Federal Revenue has caused, for decades, conflicts between the taxpayers and the tax authorities.

18.6. 2014 FIFA World Cup and 2016 Olympics

Selection of Brazil to stage the world’s two most important sport competitions – FIFA – Fedération Internationale de Football Association – World Cup and Summer Olympics organized by COI – Le Comité International Olympique – represented a landmark in the Sport history in our country.

There are several surveys conducted by leading institutes specialized in sports pointing to a socioeconomic upturn experienced by a country that stages such events. The World Cup 2014 left, in fact, a legacy for the country, providing visibility to other regions of the country, outside the so-called Rio-São Paulo axis. Certainly, the Olympics and Paralympics 2016 will also bring a lot of benefits for the city of Rio de Janeiro, due to the numerous investments in infrastructure being currently made.

Anyway, many things are at stake for the success of both competitions. In that aspect, many criticisms have already been made to our country, since FIFA and COI expressed their choice of Brazil. In the recent past, some police events have shaken the international confidence in security in the city of Rio de Janeiro. Notwithstanding such occurrences, one should not forget that other developed cities had problems before, during and after important competitions. London, for instance, suffered a terrorist attack on the day after COI announcement of 2012 Olympics stage. More recently, Rio de Janeiro suffered harsh criticism from the international press, due to the pollution from raw sewage disposal in the waters where some of the competitions will take place, raising serious doubts about the safety of athletes who will compete in such sites. In response, the government said it has been taken measures for controlling the water quality. The challenges are numerous, but COI itself has already demonstrated optimism about how successful the event will be.

In legal terms, Brazil selection to stage so important event brings even more significant challenges. A matter that always raise discussions among Intellectual Property experts referrers to Ambush Marketing. Ambush Marketing consists of a dishonest attempt by businessmen or corporations to unlawfully use sport or cultural events, without authorization from their organizers, to take unlawful advantages most often in prejudice to their direct competitors.

Most laws understand that sport or cultural events are, unless provided otherwise, private events that generate public facts experienced by the society. Based on that understanding and depending on the business success of the event, third parties have expressed their business interest in associating to the organizers of such events. Sport, as a science, provides the best in social, political and economic terms. Sport sells health, well-being, discipline, in other words, life. Such values are widely sought by advertisers that wish to promote their brands associated with good feelings and sensations. Sport is a great ally of economy and ensures loyalty building among its general consumers.

Based on that environment, leading advertisers have associated to FIFA and COI in light of the positive effect of their events worldwide. This way, as a private business activity, such organizations explore their events by attracting such advertisers and offering them sponsorship shares, the prices of which are extraordinarily high.

Certainly this kind of investment requires care due to the size of exposure offered to advertisers by great events like the World Cup and Olympics. As such, unlawful exploration by advertisers that have not committed themselves to make such events expands the discussions about Ambush Marketing.

18.7. Conclusion

In face of the above, we may determine that the Sports Law has been maturing and becoming expertised along time. However, the Sports Law must still run a hard way to, one day, reach the status deserved by the Sports.

Recent legislative amendments, such as the enactment of Law no. 9.615/98, the so called “Pelé Law”, which decreed the release of the professionals in relation to their employers, and of Law no. 10.671/03, the so-called “Fan Statute”, which gave the fan the status of consumer, brought new dimensions to the Sports.

Sports are no longer a mere people’s passion to become one of the larges commercial industries of the planet, responsible for majestic amounts involving the sale of products, usage license of intellectual property and image assets, as well as the rights to broadcast images of sports events.

In this sense, one can determine that any deal involving Sports in Brazil or in any other country deserves special attention of the businessmen, taking into consideration the complexity of the interests involved. The businessman willing to perform commercial activities in the sports area must be very well assisted from the legal point of view, for the purpose of protecting and respecting the rights related to the interested parties.


Author: Alexandre Fragoso Machado
Revisor: Natália de Oliveira Maranhão e Paulo Bianco

Kasznar Leonardos Advogados
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