Notas em torno do direito desportivo: abrangência, características e seu fundamento constitucional

Abstract

This article aims to analyse the sport as a social phenomenon worthy of protection by Brazil's highest law, the Federal Constitution. In order to do so, we will carry out, through a theoretical-bibliographic review, a study about sports matters and about their regulation by Constitutional Law. From start, a historical sketch will be presented on the role played by sport over the centuries and the evolution of its concept, through the analysis of how sports material was present and conceived by humanity, understanding the emergence of the social dimensions of sport, its concept, its forms of expression and how they are present in the Brazilian legal system. After, an approach to sport in Brazil will be carried out with the understanding of how it was assimilated by the constitutions that governed the country and how the main infra- constitutional norms of the time dealt with the matter. Finally, we will analyze how sport is addressed in the 1988 Constitution with the understanding of the content and provisions of some constitutional provisions, expressing emphasis on the commandments expressed in article 217, as a way of demonstrating the importance of constitutionalization and elevation of sport to the level of a fundamental right.