Dr. Marcelino Medeiros

The Law 9.615/98, called the Pelé Law, was established with the objective of transforming, among others, the structure in Brazilian football, and thus to end the "oppressions of contracts" in the dichotomous relationship between athletes and football clubs, But the legislation did not anticipate the side effects of these changes, so there are already several bills that in the National Congress, aiming to "improve" the original text and correct "distortions."

Controversy and constant target of criticism, the Pelé Law is mainly responsible for the outputs of the young players to the outside, once an athlete is permitted to terminate the contract with the club by paying a fine, and this issue is a major uproar brought to the law, coupled with the right image and right of the field.

Overcome some initial discussions about who would be empowered to settle doubts about the contractual relations between clubs, athletes and entrepreneurs, today such a question is settled, in relation at EC 45/04, which is why it is up to the labor legal entities clarification of any such labors.

In respect to the issue of penal clause, most classes of TST have maintained the understanding that the fine provided for in Article 28 of Pelé Law should be directed only to the professional athlete, in cases of noncompliance, disruption or unilateral termination of contract and pay in favor of the sporting club, which is why, in the event that the club gives the cause of the breach of contract, there is not that talk in payment of penal clause, but rather the rights provided under common law labor.

As the difference between the institutes of the right image and the right arena, they are characterized by being the first, a kind of right of personality, thus as the honor and moral rights, with a civil nature, and should be consented permission, so that image right is exploited, while the arena of right would be a right conferred on the clubs, because they are conveying your brand and your logo through of the collective scope.

Bringing our reality, the image right would be this, explored after the work shift, through interviews, television programs, round table, with exposure of individual sponsors, since the arena right, would be the right of clubs to negotiate the transmission and relay images of the events involved in a collective form.

Finally, under the Pelé Law, 20% of the value total authorization of transmission must be distributed to professional athletes who participate in the sporting event, reason because counselors of justice compare the arena right at a tip.