A (im)possibilidade de enquadramento dos atletas de e-sports na legislação nacional vigente diante da falta de regulamentação

Abstract

This dissertation explores the possibility of categorizing eSports athletes within the current national legislation in the absence of specific regulations. The research problem seeks to question whether eSports athletes could be accommodated within existing national sports laws or if the creation of a new law specifically regulating their activity is necessary. To better understand this issue, the first chapter addresses emerging labor-related legal relationships in society and their connection to electronic sports and their professionalization. Subsequently, the second chapter presents the relationship between Sports Law and electronic sports, delving into the recognition of this new form as a legitimate sport. This chapter also analyzes the eSports athlete's status and the real-world experiences they encounter, including their contracts. In the third chapter, we explore the legal framework within which eSports athletes could be classified, also investigating whether these legal provisions are sufficient to address existing legal gaps. Finally, we examine proposed bills related to eSports and international legislation on the subject, as well as labor principles that intersect with the topic, in order to understand the real-world circumstances of these athletes and to identify the best solution for them. Therefore, it is intended to conclude that while eSports athletes can indeed be classified as athletes under existing national laws, there are unique aspects surrounding the sport, making the enactment of new legislation on the subject more attractive, as it would provide greater legal security for eSports athletes.