A exigibilidade da vacinação contra a covid-19 e sua relação com o contrato especial de trabalho dos atletas futebolísticos: colisão entre os direitos à liberdade individual e à proteção à saúde pública
The present research aims to discuss whether the State and international and national governing body of association football have the football monopoly can, in the context of the COVID-19 pandemic, impose certain restrictive obligations of rights which, if not complied with, will become sporting pen...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/51082 |
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| Resumo: | The present research aims to discuss whether the State and international and national governing body of association football have the football monopoly can, in the context of the COVID-19 pandemic, impose certain restrictive obligations of rights which, if not complied with, will become sporting penalties. Therefore, based on the observed number of restrictions and implications arising from the pandemic period, the monograph is part of the following research problem: Is the requirement of prophylactic measures, such as the mandatory vaccination for national soccer athletes, legitimate and should be strictly respected and observed by these subjects? Should the principle of individual freedom be to the detriment of public health protection? In addition, the research will be developed through a qualitative examination, containing representative, and normative elements, through the use of the deductive method, in the sense that a general theory is applied to consider a particular case. In other words, the technique of weighting values is applied, to the end, to discover which of them will preponder analyzing the particularities of the concrete case. At the end, it is concluded, in accordance with Robert Alexy, that the imposition of restrictive obligations of rights is legitimate, since the protection of public health compensates for the restrictions suffered by other colliding values. |
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