Natureza jurídica do direito de imagem e do direito de arena do atleta profissional

Abstract

The development of technology has enabled new forms of exploitation of Brazilian passion for football. Among them, we should highlight the massive exposure of athletes and their clubs in the media. In this scenario, the study assumes enormous importance of institutions such as the image right and the arena right, which become fundamental to the football industry, insofar as possible to capture huge amounts and for the protection of law considered fundamental by the Constitution of 1988, the right to the image. The professional soccer player uses the license agreement of using image to gain profit from the exploitation of his image, which can be used fraudulently attempting to reduce labor or taxes. The arena right covers all athletes who participate departure, stating equitable division among them a percentage of the amount received by their clubs of television stations in exchange for the right to broadcast the matches. Unlike the image rights, which protects the image individually and therefore the athlete is headed the arena right involves the set of athletes and the brand of the club being owned by sporting entity.