Lex FIFA: autonomia e poder de uma ordem jurídica transnacional

Abstract

New legal phenomena - in which social sectors begin to create their own rules supposedly autonomous subsystems - challenge the classical conceptions of law. Such processes, the current fragmentation of the sphere, seem to stand out, and more than that, so increasingly come to confront the omnipotence of the State and its legal monopoly, holding in check including state sovereignty. With the scenario, this research has selected then the analysis of a unique legal-sports order produced by an international private sports organization, the International Federation of Football - French: Fédération Internationale de Football Association (FIFA). Transnational legal regime influences while questioning the state power, which was intended to demonstrate theoretically and empirically by the sui generis resolution of normative conflicts. To this end, promoted to a historical tour about FIFA and a study of their transnational normativity - named FIFA's law or lex FIFA - from the limits imposed by authority of the host country (Switzerland) and the European Union, which is perhaps the last alternative unit of law and a threat to that sectoral legal system. Lex FIFA, through its operative closure, created for himself a sphere in which it is free to intensify their rationality, without taking into account other social systems or the environment in which it operates. This close dependence on their respective specialized social area without universal legitimacy, carries side effects and systemic corruption, with relative weakness of the rule of law guarantees also sharpening the research on (i)legitimacy of this global normativity. Finally, the research concentrated its focus on case studies on the influence and power of the lex FIFA under two different aspects, namely, the direct application of transnational sports rules by the Brazilian state jurisdiction, from your (classical) vision of international law; and the conflict between the global sporting normativity and the state in transnational perspective, which finds no shelter in international law and is reflected ultimately in the clash between diferente subsystems and rationalities. From the case studies of collisions between different legal systems (sporting and state), it was noticed a new and intriguing form of conflict resolution, far from the usual dogmatic understanding - perhaps, a perversion of the law, which involves the complexity of society current. The main methodological option was the case study, and as a theoretical framework, appealed to Gunther Teubner and its systemic and pluralist view about the new transnational legal phenomena that points to the loss of the political centrality of states, being gradually replaced by depoliticized forms global governance, for example, transnational private organizations such as FIFA, emphasizing new ways of solving normative conflicts.