The substitution of the pass for the sporting penalty clause

Abstract

The originating Constituent Power, in Brazilian Constitution of 1988, listed the individual and collective rights, including the right of practicing sports, which is in the article 217. However, our main source for analysis when we study the Sports Soccer Law in Brazil is undoubtedly the law n° 9615/18, better known as “Pelé Law”.
Despite this legislation regulating all the sports disciplines, it has engaged the creation of many legal institutions of Sports Law related to soccer. As an example, the replacement of the club contract for the penalty clause and the subspecies of athletes. Likewise, it was by the influence of the effects of Pelé Law in Brazilian legal order that global soccer organizational culture had suffered a great change, which is, therefore, a turning point in soccer’s history. In this scene, our research object will be the repercussion of club pass extinction and the impacts caused towards club entities and athletes under the perspective of the relation of soccer player with the club entity that is going to be regulated by the civil order contract and not the labor law.