O contrato de trabalho do praticante desportivo e o dever de ocupação efetiva

Abstract

This dissertation´s main goal is to develop the concept of effective occupation when applied to Sports and, with special focus, in professional football. For that matter, it is assumed to be relevant to understand the reasons that explain the existence of a special regime for sportsmen: The Sports Employment Contract Regime. The fact that it is an eminently practical area arose the need to use real examples, which present the violation of the sportsman's right to effective occupation as the starting point of many of the cases of moral harassment. These occur on a constant basis and, due to the effects on the athletes' lives, this thesis seeks to debate specific situations that require us to do careful analyzes. After making a more theoretical exposition, it is precisely as an interpreter, and through confrontation with reality, that we try, not only to give answers, but also to raise questions. Observing the behaviors that a specific sportsman was target, it becomes possible to discuss about their influence on the rights (and also duties) of the athlete. Even though we warn that, in this area, there is an even stronger relationship with the surrounding circumstances, we still affirm (and, later, try to demonstrate) that there is a clear gradation of the sports entities´ actions: while some evidently affect the right of effective occupation, others show more subtlety. Here, the resolution is a figure with great importance, because, connecting it with the idea of “just cause”, it forces us to evaluate which practices will possibly allow the athlete to free himself from his bond. In addition, and with an increasing emphasis on the sporting phenomenon, it is beneficial to analyze the question of the effective occupation by a prism that is not only national, but also international; the solutions adopted can be diverse and allow a more complete view of the theme. With this perspective of comparative Law, we point out some changes to the regime adopted by our legislator, aiming, essentially, for greater protection of the athlete, without, on the other hand, harming (at least, excessively) employers.

Date of Award	1 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Cristina Ribeiro Costa (Supervisor)