Direito processual arbitral internacional: a convenção de arbitragem no âmbito associativo das entidades de administração do desporto à luz do princípio do acesso à justiça

Abstract

This paper aims to analyze dispute resolution and the use of so-called alternative means of dispute resolution, in particular mediation and arbitration, in topics related to sport. In this sense, it seeks to examine the organization and structure of Sports Law, as well as the aspects linked to the actions of said bodies, delving deeper into the implications arising from the limitation provided for in art. 217, §1, of the Federal Constitution and the consequences of mitigating in the sporting sphere the fundamental principle of the indefeasibility of state jurisdictional control (art. 5, item XXXV, CRFB/88). Furthermore, the research aims to assess whether the inclusion of arbitration commitments in the statutes of sports administration entities would relativize or give new meaning, to some extent, the principle of access to justice and, by reflex, the autonomy of the will of the parties and the principle of consensuality, in view of the other principles of Brazilian procedural law.