Uma discussão acerca da natureza salarial do direito de imagem do atleta profissional de futebol

Abstract

This article had the purpose of studying the knowledge about the employment contract of soccer players, or professional athletes. Initially, it dealt with the historical origin of the professional athlete's employment contract, going through its legal changes and showing the peculiarities this contract contains when compared to traditional employment contracts. Within the rights peculiar to the professional athlete's employment contract, there was an emphasis on “Direito de arena”, which is the player’s right to receive a share from the broadcasting revenue of the matches. Then, the issues involving the Image Right were studied, seeking to briefly demonstrate its importance to the individual, being one of the Personality Rights. The new understanding of Image Rights by the Federal Constitution of 1988 started to give greater importance to this right. Finally, with the objective of analyzing the salary nature (or not) of the Image Right of the professional athlete, it was employed a methodological study of doctrine legislation and jurisprudence, in order to demonstrate that what is most important when working on this topic is to inspect the specific case; any generalization tends to be erroneous.