Autorregulação esportiva e promoção de equilíbrio competitivo

Resumo

This doctoral thesis investigates the capacity of sports self-regulation to promote and maintain competitive balance in football. The study aims to understand, analyze, diagnose, and propose solutions for the problems arising from the dual nature of sport – as a social phenomenon of deep cultural value and, simultaneously, a thriving economic industry – and the inherent challenges to its regulation. Starting from the premise that regulation is inevitable to mitigate specific market failures in the sports sector, the research examines the self-regulatory claim of sports governance. It proposes three criteria for validating this autonomy: subsidiarity, integrity of values, and effectiveness. In parallel, it identifies structural impediments that limit the same self-regulatory action, testing these criteria through qualitative and quantitative assessment of the effectiveness of regulatory instruments allegedly designed to promote competitive balance, especially revenue-sharing systems for broadcasting rights and Financial Fair Play (FFP) regimes, in the national leagues of England, Italy, and Brazil. The methodology employs the Herfindahl-Hirschman Index (HHI) and proposes a new Mobility Index to objectively measure the degree of competitive balance in the three tournaments between 2006 and 2024. The quantitative results do not establish a direct correlation between these instruments and the intended increase in competitive balance; on the contrary, they suggest a consolidation of the existing structure in the football market and, in certain contexts, a decrease in competitiveness. The thesis diagnoses that, beyond certain insufficiencies inherent to the aforementioned instruments, the fragilities of self-regulatory governance – marked by a lack of legitimacy, transparency, and patent commercial and regulatory conflicts of interest – further compromise the effectiveness of these measures. It concludes that self-regulation, under the current terms of the analyzed instruments, has not been an effective factor in promoting competitive balance in football. As a solution, the thesis proposes a responsive and adaptive regulatory architecture, where state action and self-regulation complement each other, guided by principles of material and procedural justice, and by the continuous review and reformulation of principles. This model aims to ensure the protection of fundamental legal values and socioeconomic efficiency, as well as the maintenance of democratic credentials and the responsiveness of the decisionmaking process in the sports environment, aligning with the legal, economic, and social foundations of regulation in the 21st century.

Ficha do documento

Tipo

Tese

Ano

2026

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/38512

Temas

EconomiaMobilidadeGovernança

Palavras-chave

EsporteDireitoAutorregulaçãoEquilíbrio CompetitivoÍndice Herfindahl-HirschmannÍndice de mobilidadeGovernança regulatóriaSportLawSelf-regulationCompetitive BalanceHerfindahl-Hirschman IndexMobility IndexRegulatory GovernanceDireito econômicoCompetição (Esporte)GovernançaFutebol