Cláusulas anti rival no contrato de trabalho desportivo

: uma limitação para o praticante desportivo?

Abstract

This Master's thesis work seeks to respond to the (in)admissibility of anti-rival clauses in the Sports Employment Contract. As a starting point, the research question intends to know if this type of clauses are or are not a limitation for the Athlete, that is, if it is a limitation to the freedom of work. Thus, in the first instance, we will address the development and historical evolution of the Work, as well as the path to its normative consecration. We will analyze, in detail, the sports practitioner's employment contract and its special nature. Then, based on Law No. 54/2017, of July 14, which establishes the legal regime of the sports practitioner's employment contract, the sports training contract and the representation or intermediation contract, more specifically its article 19 regarding contractual freedom, we will try to address, there yes, the so-called anti-rival clauses and assess their limiting character for the sports practitioner. For this, we will understand what anti-rival clauses are, how they are inserted in a normative context and what modalities we can find in the sporting panorama. Finally, we will review other means of limiting the freedom of sports practitioners.

Date of Award	12 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	João Carlos da Conceição Leal Amado (Supervisor)