As repercussões jurídicas da cláusula de direito de imagem no contrato de trabalho desportivo dos atletas profissionais de futebol sob a luz da nova lei geral do esporte no Brasil

Abstract

This course conclusion work pretends to take as its starting point the image rights licensing contract for the professional soccer athlete, established apart from the special sports employment contract, an essential instrument to define conditions that differ from other employment contracts. This topic is at the heart of the current sports-labor debate, especially regarding the enactment of the Lei Geral do Esporte in 2023, which did not offer veto to the Lei Pelé. The problematic lies in the civil legal nature of the amount attributed as image rights, with jurisprudential precedents showing recognition as labor-related when evidence shows an intent to defraud or simulate the true purpose of the contract. Declaring the amount as salary is more advantageous for the athlete, as it triggers a circular expansion effect that impacts the salary as a whole. In this context, a reflection emerges on the precarization of the athletes' work, with the consequent relativization of their rights and protection