ARBITRAGEM INTERNACIONAL, DIREITO DESPORTIVO E DIREITOS HUMANOS: UMA CONFLUÊNCIA NA CORTE ARBITRAL DO ESPORTE A PARTIR DA CONVENÇÃO EUROPEIA DE DIREITOS HUMANOS

Abstract

During the 1950s, the international community witnessed the publication of a treaty surrounded by great expectations for the sedimentation of arbitration in the national and international scenarios, the so-called New York Convention. With this regulatory framework, the procedure finally emerged exponentially on the world stage as an accessible, effective and safe means of resolving conflicts, gradually expanding to diverse areas. The fact of dealing with demands with the complexities of human relations, however, could not detract from the connection of the arbitration system, even if private, with several fundamental guarantees of public law, especially those of procedural character relating to the proper conduct of the process. Parallel to this, the expansion of arbitration coverage in the management of disputes has made it possible to reach and form their own courts, especially to decide on issues conceived in areas of great interest. In this context, the Court of Arbitration for Sport, in 1984, based in Lausanne, Switzerland, has emerged. Its firm consolidation in the last decades, despite an essentially troubled beginning, was not enough to avoid the same questioning regarding the fundamental prerogatives in other areas of arbitration, particularly when elaborated by the European Court of Human Rights, a public entity responsible for protecting one of the oldest and most effective international human rights treaties in the world, the European Convention on Human Rights. Thus, the present research will be dedicated to the study of the applicability of the procedural guarantees manifested in art. 6(1) of the European Convention of Human Rights in the decisions and procedure of the Court of Arbitration for Sport. Thus, its main purpose will be to identify the existence of control parameters exercised by the European Court of Human Rights on the sports arbitration procedure, as well as the way in which the Court interacts with the state jurisprudence. For this purpose, the specific propositions will be focused on understanding the existence of an initial link between arbitration and human rights with subsequent focus on the performance of the European Court of Human Rights, analyze the functionality performed by sports arbitration under the prism of the Court of Arbitration for Sport and investigate the existence of intersection between public and private courts capable of influencing the decision-making process of the latter from the perspective of procedural guarantees. In order to achieve these goals, however, the method used will be deductive with the use of documentary and bibliographical research techniques. From the listed procedures and digressions, it was possible to confirm the admissibility of the procedural guarantees in the mentioned article from an essentially indirect and legalistic standpoint, with the perspective of gradual expansion. In the same way, it was possible to verify the ability, with certain limitations, of self-reflection of the sports court based on the judgments of the European Court of Human Rights, which have currently been used as adaptative instruments in face of the most liberal interests, without necessarily reaching the main humanistic intent of the Convention.