Interés superior del menor y deporte profesional

Résumé

The complex issue of hiring minors for the practice of professional sports was partly resolved by the Supreme Court Judgment of February 3, 2013, issued in the so-called “Baena case”, applying, for the first time, the principle of best interest of child in a matter that was considered as merely patrimonial. In the present work, the questions that on this subject follow without adequate regulation will be studied. In the first place, the content of custody and its limits will be analyzed, the concept of the best interest of the child and its free development of the personality and the lack of regulation of the linking of minors in labor contracts in the field of professional sports; later, analyze the aforementioned Judgment and the jurisprudential background and that such matters have been elucidated in the field of civil and non-labor jurisdiction. Finally, a lege ferenda proposal will be made to resolve the conflicts that continue to arise in this area without a legally satisfactory solution.