Arbitragem e justiça desportiva: uma análise da atuação do Tribunal de Justiça Desportiva do Estado do Maranhão.

Abstract

The development of society and, consequently, of individual relationships and ambitions has led to an intense advance in procedural demands, increasing the work of the Judicial Power in its procedural sphere, as well as the rise of adequate methods of conflict resolution, such as arbitration. At the same time, there is a change of scenario regarding Sports Law, since sports are no longer just a recreational and physical activity as they now have great social, economic, cultural and legal influence. Against this background, this final paper aims to analyze the application of the arbitration method as an appropriate way for conflict resolution in the face of the growing controversies before the Sports Court of the Maranhão State (Brazil). The methodology will be developed through bibliographic research and field study. Thus, the bibliographic research has the objective to use the literatute as basis for the issues raised, such as the operation and development of arbitration itself, as well as the emergence of sport and the legal action before the Sports Justice. In addition, it is intended to demonstrate the possibility of using the arbitration method towards disputes in the sporting field, whether football or other sports, or even nationally in Brazil, but especially in the state of Maranhão. The field research has the objective of understanding the operation and structure of the Sports Court of Justice of the State of Maranhão (Tribunal de Justiça Desportivo do Estado do Maranhão in Portuguese), as well as demonstrate the vision of the sport clubs from Maranhão about its performance in the State. Therefore, it is intendend to relate the results obtained through the research with the possibility of using the arbitration method before Sports Law. Thus, the first chapter seeks to address the evolutionary process as well as the main features, principles and the arbitration processes as an appropriate method of conflict resolution. The second chapter attempts to examine the history, characteristics and procedures that are involved before the Sports Justice, as well as the laws governing the sport itself. Finally, the third chapter will deal with an analysis of the performance of the Sports Court of Justice of the State of Maranhão and the use of the arbitration method as an option to assist in the settlement of disputes in the Maranhão’s sports as a whole.