THE OBJECTIVE, SOLIDARY AND DISCRIMINATORY LIABILITY OF CIVIL ORGANIZATIONS: apartial analysis of the General Sports Law, through the prism of constitutionality control
Journal: Unesc em Revista (Vol.8, No. 1)Publication Date: 2024-09-02
Authors : Luciano Rogério do Espírito Santo Abrão;
Page : 66-86
Keywords : Partial unconstitutionality; sports law; objective civil liability; private organizations.;
Abstract
This research aims to conduct a discursive analysis of the General Sports Law -LGE (Brazil, 2023), through the theoretical-methodological framework of constitutionality and control. The objective is to substantiate hypotheses that, as will be delineated, demonstrate the material unconstitutionality of paragraphs 5 and 6 of article 178. This unconstitutionality stems from the establishment of a form of "Abstract Legislative Disregard for Legal Personality" that affects only one category of Civil Organizations, as well as an unequivocal (and notably atypical) Objective and Joint Liability for injuries resulting from unlawful acts perpetrated by its associates and/or managers.
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