Luvas no contrato especial de trabalho do atleta profissional: um estudo do caso Neymar x Barcelona à luz do ordenamento jurídico brasileiro

Abstract

The sport contract of professional athlete is mainly ruled – in Brazil - by the Law nº 9.615/1998 and usually sets a value as hiring bonus, to be paid to the athlete because of the hiring. Despite the fact that the institute does not be regulated by the specific law, the term originates from the Law nº 6.354/1976, known as Lei de Luvas, which used to regulate leases contracts involving commercial or industrial real estate, and was expressly referred in the Lei do Passe, which use to regulate the employment relation of the professional football athlete. The jurisprudence of the Employment Justice from Brazil understands that the value of the hiring bonus composes the salary, because of its salary nature. The analysis of the legal nature of the institute is a requirement to the presentation of a solution to the case involving the athlete Neymar da Silva Santos Júnior and the Futbol Club Barcelona, which dispute the value stipulated of hiring bonus at the contract renewal between them in July 2016, estimated in 26 millions of euros. Establishing the civil legal nature of the hiring bonus and the subscribing of the sport contract by the athlete as his owed obligation to receive the hiring bonus payment, the conclusion in the studied case is the athlete would receive the integral value stipulated to the referred verb.