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Cuestiones constitucionales
versão impressa ISSN 1405-9193
Resumo
CANAN, Felipe e STAREPRAVO, Fernando Augusto. Constitutional Right to Sport in a Compared Perspective. Cuest. Const. [online]. 2020, n.42, pp.103-135. Epub 09-Mar-2021. ISSN 1405-9193. https://doi.org/10.22201/iij.24484881e.2020.42.14338.
The constitutionalization of a right does not mean its guarantee of fact, but at least it contributes to its social valorization and generation of legal support for its claim. The objective was to identify the general profile of the constitutional prediction of sport and the right to sport in a comparative perspective, covering its general characteristics, geospatial distribution and particularly the dogmatics of the right to sport. The research is descriptive and documentary, with a qualitative-quantitative approach. 75 constitutions were investigated, of which 49 forecast the sport and 14 establish the right to sport, predominantly in ibero-american or the block of portuguese-speaking countries. The term sport is commonly associated with expressions of physical culture or physical education. The essential core of the right to sport lies in freedom of practice, compulsory school physical education and free provision of infrastructure for practice.
Palavras-chave : Sport; Physical Culture; Physical Education; Public Policy.