Sobre o regime jurídico de acesso e exercício da atividade de treinador de desporto no futebol profissional. Uma perspetiva de direito constitucional

The scope of the present text is to analyze the Legal Regime for accessing and exercising the activity of sports coach, currently contained in Law no. 106/2019, of 6 September, from a constitutional law perspective (and not from a labor law perspective). Reality shows that this is a pressing issue in professional and non-professional football competitions, where clubs struggle with the mismatch between the sporting success of a given coach and the requirement that the person registered in the respective technical boards as head coach has a certain level of professional qualifications. What will be argued next is that some of the features of the RJTD when applied to professional football generate results that do not comply with the Constitution. It will, of course, be necessary to take into account in this assessment the specificities of national and international regulation of football. Football is a modality of relevant interest to national sport, with the consequences that this has in terms of the sporting public utility status of the respective federation. It is important that such rules do not come from protectionist or parochial interests and that their application does not result in inadmissible situations in the light of the specific regime of rights, freedoms and guarantees.