Os princípios da razoabilidade e proporcionalidade aplicados ao direito social do desporto

Abstract

The present study reaches to know and make a profound study of the analyzed demands for the High Court of Desportive Justice of Brazil, with application and presence of the juridical principle, mainly the principles of proportionality and reasonableness. For the development of the work, there have been used documental and bibliography analyses, joined to juridical hermeneutics. We have noticed the presence of sport understanding it as a Social Right, beside culture and education, differing its practical ways (professional or social). We have seen the juridical principles, the utilities and the assistance provided for these in conformity with use tools for that judges, easier and exactlier, elucidate the rules and decide how to accommodate better the right, for the accomplish of the justice intended in each case. The performance of the High Court of Desportive Justice of Brazil instances, its work, composition and attribution have been also pointed, such as the juridical desportive system formation, its accomplishment, laws and specific principals which assure them existence. The application of proportionality and reasonableness principles has been explored in a way to demonstrate the benefits derived from their use. We have also observed the judgment of real cases with their respective unfolding and emanated decisions. At last we have presented our understandings regarding of the world juridical principles importance and its contributions for the judges.