Mercantilização da nacionalidade esportiva: A integridade das competições entre nações à prova de um doping alternativo

Abstract

Competitions between national teams only make sense if the athletes involved have genuine ties to the flags they represent. The sincere connection between a player and their sporting nation fuels the rivalries between teams and the excitement of international matches. Currently, the integrity of such contests is threatened by the formation of makeshift national teams, often composed of athletes with tenuous links to the country they represent. The situation becomes even more troubling when national teams are artificially bolstered by athletes who accept fraudulent naturalizations in exchange for the prospect of direct or indirect economic benefits stemming from international competitions. The purpose of this article is not only to highlight the issue but also to propose regulatory tools that could help minimize this inappropriate method of gaining a sporting advantage. To address the topic, the article is divided into four parts, as follows: 1. Introduction – Between sports ethics and state propaganda. Part I – The proliferation of mercenary national teams: a phenomenon supported by law. Part II – Combating mercenary national teams: advocating for a dirigiste sports law: A. Enshrining the principle of immutability of sports nationality; B. Advancing the moment of determining the sports nationality of multinational athletes (“initial eligibility”); C. Establishing (or extending) the quarantine period for changing sports nationality. Conclusion – A change dependent on political will.