O reconhecimento do e-sport como esporte para a aplicação de normas celetistas: uma análise do cenário brasileiro competitivo de League of Legends

Abstract

This study examines the possibility of recognizing electronic sports (e-sports) competitions as a form of sport and whether the Brazilian Consolidation of Labor Laws (CLT) can be applied to the relationships between e-sports players and the organizations participating in such tournaments. To that end, the research adopts a hypothetical-deductive method, with a descriptive objective and a bibliographic approach, through the analysis of sports and labor legislation, as well as academic literature, monographs, scientific articles, and news sources. Additionally, it includes an analysis of labor court decisions issued by Regional Labor Courts from 2019 to 2023. The findings indicate that there are significant correlations between the legal concept of sport and the actual practice of e-sports in the competitive scene, although the Brazilian legal system still lacks specific regulation to formally classify them as sports. As a result, the Labor Courts must rely on the principle of the primacy of reality and the criteria outlined in Articles 2 and 3 of the CLT to recognize the existence of an employment relationship between the player and the hiring organization.