Article 02: THEORETICAL CONTRIBUTIONS FOR THE APPLICATION OF THE INCENTIVE ACT TO SPORTS ACCORDING TO THE CONSTITUTION

Abstract

The Brazilian Constitution is in many ways a faithful portrait of the country itself. It is not uncommon to hear that Brazil is still a nation to be discovered, that there is much to be explored, given the continental dimensions of its territory. It can also be said that our Constitution, even having a little more than twenty years of existence, still requires a closer analysis in relation to certain benefits and rights that it grants to the inhabitants of the national territory, especially as far as sports practice is concerned. Being part of the so-called "new rights", the right to sport was an innovation of the Constitution as a new right of the population, but still requires a doctrinal maturity that can identify the real meaning of the prerogatives granted by the constituent. In fact, the contours of the right to sport to be adequately visualized need a systematic interpretation, and the results of this exegetical process indicate that the Brazilian constituent has taken a leading position on this subject.