A legitimidade dos esportes eletrônicos (e-Sports) dentro da atual conjuntura das apostas esportivas no ordenamento jurídico brasileiro: considerações a respeito do sistema de manipulação de resultados e os patrocínios de casas de apostas no cenário dos e-Sports

Abstract

The purpose of this article is to investigate the legitimacy of electronic sports as a new sports category, considering the current situation of sports betting in Brazil as established by Law 13,756/18. Specifically, the match-fixing systems and the sponsorship of betting houses in the context of electronic sports. To achieve this goal, we analyzed the definition of elements that characterize an activity as a sport, aiming to argue the suitability of electronic sports as a legitimate new sports category. Next, we presented some of the legal repercussions of this category in the Brazilian legal system, highlighting the lack of specific legislation for electronic sports in Brazil. Finally, we addressed the issue of sports betting within this framework, aiming to demonstrate the legislative vulnerability to which electronic sports are subjected, considering some of the peculiarities of this sports category, drawing a parallel with the mitigation mechanisms existing in other countries globally, aiming to inspire a potential regulatory consideration within the Brazilian legal system. To do so, the methodological procedure of bibliographic research was employed, investigating primary and secondary sources, considering doctrinal views, along with the analysis of relevant reports and news on the subject.