O esporte como direito da personalidade e a inclusão de atletas transgênero no esporte profissional

Abstract

The study aims to contribute to the analysis of the recognition of sport as a personality right, alongside the acknowledgment of transgender athletes to participate in professional sporting competitions. To achieve this goal, the study begins with a presentation of the history of sport and the origin of fair play, followed by an analysis of existing international and national regulations, including Lex Sportiva. Within this framework, the project will also discuss the recognition of sport as a social and fundamental right, emphasizing its relation with the human dignity principle and the personality right, intrinsic to the nature of man. Furthermore, a comparative study will be introduced to explore two legal systems, civil law and common law, specifically the United States and Germany, in order to understand how personality rights are upheld in each law system and map out similarities and differences between three countries, Brazil, USA and Germany. Through this analysis, the study aims to assess the possibility of incorporation of international innovations into the Brazilian legal system. Lastly, given the social relevance of the discussion on the rights of transgender athletes in competitive sport, and considering the Brazilian Federal Constitution, through the analysis described above, it will be possible to ascertain the extent of the impact caused by social structured prejudice related to gender roles, and detect which arguments genuinely seek to safeguard fair play. Thus, the methodology used in this study is characterized by the analysis of law, doctrinal studies and judicial and administration decisions, including those of the Olympic Commssion that have allowed transsexual athletes participate in sports, as well as the decisions of other sports confederations that deal with the same subject