A viabilização da regulação dos esportes eletrônicos no Brasil: proposta de corregulação e análise do desenvolvimento do texto regulador no cenário nacional

Abstract

More than three decades after its emergence, the Internet has continued to promote significant changes in human habits. Adapting to its transformations generates new situations that, as they become common, require regulatory support to preserve order and protect rights. From this perspective, digital sports, known as electronic sports or eSports, have emerged as a new economic and cultural powerhouse that is quickly winning over the public and taking professional directions that give rise to discussions in the regulatory sphere of legal sciences.enable the full development and protection of rights of the national gamer industry. In view of this, supported by the qualitative bibliographical methodology, which allows us to analyze doctrines, legislation and judicial decisions to explore the topic, we seek to understand how Brazil can regulate digital sports activities. For this purpose, we initially carried out an investigative approach that aims to ascertain the social nature of eSports, thereby resolving secondary issues that, together with the understanding of the characters in the national gaming industry, those really impacted by a regulatory action, summarize the following approaches of this study. In a second moment, using comparative law, we take as a reference the regulatory scenario of other nations so that we can understand how the topic unfolds in different environments, so that when we come across the economic and regulatory discussions in the Brazilian context, we can glimpse how the content of this study can enable the construction of a regulatory normative text favorable to the development of national eSports. In this context, we find co-regulation, also known as regulated self-regulation, to be the most viable model for producing a regulatory proposal, given that it allows cooperation between public and private agents in the construction of the regulatory standard. In this proposal, we point out the limits of state intervention found in the Brazilian constitutional text and infra-constitutional norms, highlighting, by necessity, the copyrights of producers of electronic games characterized as sports as limiting elements for state regulatory intentions. By understanding these issues, we indicate what can be regulated and how to use the regulatory Sandbox as a testing tool for the intended co-regulation of electronic sports activities. Finally, we carry out an analysis of the regulatory context in which we understand how the scarcity of national doctrinal documents and the absence of studies by the national legislator on the subject caused the current scenario of stagnation of federal proposals and degenerated possible innovative contributions at the state level that could even be used in the creation of the regulatory norm for electronic sports in Brazil.