Esports championships, companies and organizations in electronic sports and their regulatory and compliance challenges with the Brazilian Statute of Child and Adolescent (ECA)

Abstract

This paper aims to analyze the legal status of esports in Brazil, with a particular focus on the participation of minors in the competitive landscape of electronic sports and the regulatory challenges faced by this market regarding underage cyber athletes. Esports have grown considerably since 2010, and it is currently a niche within the electronic games industry with an estimated revenue of US$1.084 billion in 2021. The study focuses on two popular games, Fortnite and Garena Free Fire, which are free-to-play, labeled as violent by the Ministry of Justice, fully translated into Portuguese, and available on mobile devices. As esports reach more people, debates arise about the impact of electronic games on society and the need for state regulation. Legislative proposals are in progress, but most of them lack a contextual vision of the sport and the participation of civil society. Inadequate regulation can lead to losses for everyone involved in the growing market. The paper provides an overview of the evolution of esports and the analysis of organizations in the Brazilian scenario, followed by the subsumption of Law 9615/98 to contracts signed with cyberathletes. It also addresses the perspective of minors regarding their use of electronic games and analyzes the regulatory challenges that child and adolescent cyber athletes may face. The study aims to provide insights for policymakers and stakeholders to ensure adequate regulation that promotes a safe and fair competitive landscape for all participants.