Judicial Guardianship

In every democratic society, an impartial third party is required who can impart justice in accordance with the Constitution and current laws, thus preserving the legitimate and individual rights of the person. For this reason, it is required to put Sports Justice into operation, with the aim of organizing professional and Olympic organizations.

We must recognize that for the year 2005, the General Sports Law 356-05 was approved, contemplating the figure of the National Sports Court. In this way, the Dominican legislator put national sport in line with international legislation, since sport is declared a human right. At the same time, he understood the need to prevent disputes and controversies arising in the sports field, so that they would not be taken to ordinary courts, since sport is a dynamic activity, sporting events have dates and athletes have a long life. uncertain sport.

The Dominican State understood the need to create a specialized jurisdiction that quickly knows everything related to sports.

Although the reform of the Dominican Constitution of 2010 established sport as a fundamental right, the truth is that its evolution today involves other rights, therefore, it is necessary to put into operation that impartial third party that can guarantee not only life institutional rights of sports organizations, but the fundamental rights of the actors of the national sport.

In past articles we analyzed the due process from the country’s sports institutions in light of the Dominican Constitution and the General Sports Law 356-05.

This law, according to paragraph II of article 135, establishes the creation of a code and a disciplinary procedure. From now on, we analyze the origin of why the sports institutions of our country do not have a code or a disciplinary procedure, and are submerged in an institutional anarchy, violating the rights of our athletes, leaders and coaches; in a State called to be social, democratic and of law?

The failure of the State

In the General Sports Law 356-05 in articles 22 and 24, the attributions that the Ministry of Sports has are established and, it is based on four words: direct, coordinate, regulate and execute sports activities.

The first step that is required is for the Ministry of Sports to be able to assume its role in accordance with the law and, of course, to be the regulatory entity of national sports life, the reason why today said ministry cannot assume established mandate, is because the Dominican State lacks a sports structure and the model we have: leagues, clubs, associations, federations, the Olympic Committee and professional leagues, works privately as established in Article 39 of said law.

NETWORK

According to Article 50 of the General Sports Law 356-05, this is the one contemplated by the mandate that creates the Registry of Sports Identities (RED), in which sports organizations must attend and must have legal status.

Article 51 establishes a series of requirements for the sports organizations of the country, where they must deposit the statutes, code and disciplinary procedure of each institution and, said registry certifies each of these documentations, which represents a guarantee at the time of any litigation or controversy in sports.

The letter K indicates that the registration of sports organizations will be mandatory in order to operate in amateur and professional events.

The Ministry of Sports is the representative of the State in sports matters and has the mandate of the law for the creation and operation of RED, which constitutes the principle to regulate and organize sports life in the country. In this way, the protection of the rights of our citizens who are in the sports field begins, as established in Article 131 of the National Sports Court.

Seventeen years after the approval of the General Sports Law, our national sports movement and the country’s sports organizations are acting in the same way as in the middle of the 20th century.

This effort to modernize our sports organizations, through a law, has not obtained the expected results, because the Dominican State, with the indifferent gaze of society, has lacked the will to guarantee the supreme collective interest of the national sports sector. While that happens arbitrariness is the norm in sports institutions.

As we can see, the General Sports Law approved in 2005, as a way of organizing national sports life, gave authority to the Ministry of Sports and established the figure of the National Registry of Sports Identities (RED), whose foundation is have an instance that allows to certify and control sports organizations.

Just as other state institutions do, which not only work with our high competition athletes, but also that previously defined Olympic pyramid receives our children and adolescents, it is therefore transcendental that the Dominican State assumes the responsibility established in the Constitution and that the social, democratic and legal State reaches the national sports life.

 

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