Esportes-propriedade e eSports: impactos da propriedade do jogo praticado como esporte

Abstract

This dissertation addresses the nature and regulation of competitive electronic games, eSports, considering their most distinctive characteristic: being property. The study aims to determine whether game ownership impacts its sports organization, differentiates it from traditional analog sports, prevents its classification as a sport, and requires specific regulation in the Brazilian context. It is concluded that the ownership of the game influences its sport organization due to the political and economic power concentrated in the rights holders of the game. On the other hand, it is identified that game ownership is not exclusive to electronic sports and is related to the maturation of the concept of property in contemporary capitalist society. It examines the classification of electronic sports within scientific, Olympic, and state sport concepts: according to objective criteria defined by the majority doctrine, electronic sports can be considered a sport; the International Olympic Committee interprets that the Olympic Charter restricts recognition as an Olympic sport to Virtual Sports, electronic sports that simulate sports that exist in reality. This interpretation faces disagreement from Asian Olympic Committees, which believe that there are no restrictions; the recognition of an activity as a sport by each state is subjective, requiring the activity to be aligned with the principles expressed in their constitutions. Brazil adopts self-determination as the only criterion and classifies eSports as a sport. Finally, it observes that there are legislative gaps to guarantee access to electronic sports practice, an essential part of human dignity, and its use as a means of social promotion, objectives of Brazilian constitutional and infraconstitutional norms. However, the ownership of competitive electronic games does not originate any of the legislative gaps found