O contrato especial de trabalho desportivo e a possibilidade de sua rescisão indireta pela caracterização de assédio moral

Abstract

This work presents the Special Sport Work Contract in relation to the Brazilian legal system, especially the characteristics introduced after Law 9.615/1998 (Lei Pelé), and analyzes the possibility of its constructive dismissal for the characterization of moral harassment. The objective of this study is to identify the employment link alternatives between professional athletes and sports practice entity and to analyze the possibility of constructive dismissal of this contract by the characterization of moral harassment. To do so, it is necessary to understand its characteristics and important elements, as well as study the institute of constructive dismissal of employment contract and the elements that characterize moral harassment in the sports work context. The study of the figure of moral harassment allowed to abstractly outline the determinant elements of its structure. Based on the establishment of these abstract parameters, we used case studies and the jurisprudential understanding to confront the hypothesis of the possibility of constructive dismissal by the characterization of moral harassment. In this comparison, it was observed that when the elements that are part of the structure of workplace moral harassment, as outlined throughout the work, the predominant response of the judiciary was the characterization of moral harassment. Among the detected harassing behavior, it is worth mentioning the practice of the club to remove the athlete from the main group to train separately or at alternative times. It was noticed that characterization of moral harassment in the sports context implies the constructive dismissal of the special sports work contract, dissolving the sports bond and releasing the athlete to celebrate a new contract with another entity of sports practice.