BETWEEN LEGAL AND REAL: A COMPARATIVE STUDY BETWEEN SPORT LEGISLATION IN BRAZIL AND SPAIN

Abstract

This article is the result of a comparative study on sports policies in Brazil and Spain. Its main objective was to analyze - comparatively - the sports legislation from both countries after the right to sports entered their Constitutions. By following procedures from comparative studies and content analysis research techniques, we studied Brazil’s and Spain’s infra-constitutional laws regulating the sports sector. The analyses show: (i) the establishment of a hybrid sports policy management architecture combining tutelary action by the State with autonomy/liberalization of the private sector; (ii) encouragement towards creation of entities whose legal nature is aligned with a business perspective; (iii) diversification of funding sources for sports, especially for high-performance sports, which are more attractive to the market due to their potential to boost commercial activities.

Keywords:
Comparative study; Sports legislation; Brazil; Spain