A liberdade de expressão no âmbito da justiça desportiva: análises jurisprudenciais

Abstract

The present work aims to analyze the fundamental right of freedom of expression in action in the sports area, basing the study in doctrinal concepts and on prominent case studies in the Sports Justice jurisprudence. For this study, it’s important to understand that sport has a fundamental and multifaceted role in society. The same sport can mean, for different groups, leisure, profession, business, tradition. Besides representing so many possibilities, sport also involves dreams, investments, and passion that can border idolatry, be that for a club or an athlete, and can be the stage of polarized and tense situations when the forms of manifestation are thrown over the top. With such size and engagement, sport, especially high-performance sport, can also be seen as a way to create awareness and manifestation when talking about certain social causes and relevant topics. It is clear that sport can no longer be a space that spreads hateful and discriminatory discourses, which has long been tradition. Society, as well as the legal system that rules it, evolves and searches, more and more, to make effective the fundamental rights, social harmony, and justice in a Democratic State. From a legal perspective, freedom of expression is, still, a poorly discussed subject in Law and Sports Justice. In the norms that rule sports competitions, few are the provisions that look to intimidate and penalize prejudiced acts that may happen in sport. However, a change can be seen when noticing that, in recent decisions, the Sports Courts have been strict in their decision not to tolerate any more practices that were once accepted. Still, due to being a subject not commonly talked about in Sports Justice, the parameters to allow or limit the fundamental right of freedom of expression haven’t been made clear yet. If, on one side, there are decisions that limit freedom of expression and opinion in face of discriminatory speeches, there are also cases where this right is also limited, but instead in face of political or religious manifestations, or opinions and themes that are relevant to the community. Recognizing that fundamental and influential role that sport and athletes play in society, it is necessary to have Sport also be a space for creating awareness towards a community that will be more conscious, harmonic, and egalitarian.