CBF awaits STJD president to call elections – 12/08/2023 – Sports

After the Rio de Janeiro Court ordered the dismissal of Ednaldo Rodrigues from the position of president of the CBF (Brazilian Football Confederation), the entity that controls Brazilian football is on hold.

According to the decision of the TJ-RJ (Court of Justice of Rio de Janeiro), the president of the STJD (Superior Court of Sports Justice), José Perdiz, must take over as intervenor in the entity and call elections within 30 days.

Perdiz will take office as soon as the TJ-RJ decision is published and the parties involved are notified. The confederation, however, is in recess and has not yet been officially notified. When contacted by the report, the entity did not comment.

According to the president of the OAB Butantã Sports Law Commission and specialist in Labor Law and master in Sports Law, Higor Maffei Bellini, the appeal that belongs to Ednaldo Rodrigues could postpone the intervenor’s entry into command of the entity.

“The intervener will only take over after the decision has been published in the Official Gazette. But, if they [Ednaldo e sua defesa] If they file a motion for clarification, which is an appeal that suspends this decision and would be preparatory to seeking a decision from the STJ, the entry of this intervenor into the CBF would be postponed”, explains Bellini.

In the expert’s opinion, Ednaldo cannot, therefore, yet be considered a deposed president. “He is not yet on leave because of this. The decision is pending appeal. The information on the website is not the official summons. The CBF continues to be in charge of the current president because the appeal is open and, perhaps, he won’t either have not been notified yet”, he says.

If he actually assumes the position at the head of the CBF, temporarily, the president of the STJD will be responsible for the entity’s administrative routines, such as paying bills and employees.

Perdiz found out about the TJ-RJ decision when he was at a STJD session in the capital of Rio and did not want to speak to the journalists present. He assumed the presidency of the sports court in May, replacing Otávio Noronha. A Sheet He contacted the STJD, but received no response until the report was published.

The CBF must appeal to higher courts to try to reverse the decision of the Rio Court. Until then, Rodrigues must remain removed from office. In theory, however, the leader is not ineligible, and can run in the elections that Perdiz calls.

The removal from office of the president of the CBF took place after judges Gabriel Zéfiro, Mauro Martins and Mafalda Lucchese assessed that the MP-RJ (Public Ministry of Rio de Janeiro) did not have the legitimacy to file a TAC (Conduct Adjustment Term) agreed with the CBF in 2022.

The term paved the way for Rodrigues’ election, but has now been considered illegal by the courts.

Ednaldo signed the agreement when he held the interim presidency of the CBF, replacing Rogério Caboclo, who was removed due to allegations of harassment against the entity’s employees.

The adjustment term was the result of a lawsuit filed by the Public Ministry in mid-2018, which questioned the CBF in relation to the electoral process for the presidency of the confederation.

Possible punishments for the CBF

FIFA (International Football Federation) and Conmebol (South American Football Confederation) sent letters to the CBF warning about the risks in the case of external interference, in the case of common justice, in the entity.

In letters addressed to the general secretary of the CBF, Alcino Reis Rocha, FIFA and Conmebol reaffirmed that the statute of the world federation “obliges member associations to manage their affairs independently, without influence from third parties, including any state entities” .

Article 16 of FIFA’s statute says that any breach of such an obligation can lead to sanctions, even if the influence was not caused by the member association in question. Among the possible punishments, it is possible to suspend the participation of the Brazilian team and clubs in tournaments organized by FIFA and Conmebol.

“Even if there was no punishment from FIFA at the time of the TAC that guaranteed Ednaldo as President of the CBF, this does not rule out the possibility of FIFA considering the TJ-RJ’s decision as external interference and applying punishments”, says Victor Campos, lawyer for entertainment right.

The highest football entity says it became aware that the agreement signed between CBF and the Public Ministry was at risk of being canceled and asked to be informed about any progress in relation to the issue. The document is signed by Kenny Jean-Marie, director of FIFA member federations.

Judge Mauro Martins made a point of stating that the decision does not characterize external interference. “I want to make it clear that this is not external interference in the CBF. We are appointing someone from the Sports Justice [presidente do STJD], not someone external. Therefore, it cannot be considered external interference,” he said.

Removal at a time of crisis in the Brazilian team

The vacuum in command of the CBF occurs at a time when Ednaldo Rodrigues finds himself weakened, especially due to the recent failures accumulated by the Brazilian team, such as the fall in the quarter-finals of the 2022 World Cup, in addition to the poor performance presented in the Qualifiers for the 2026 World Cup.

Brazil is currently only sixth in the qualifying tournament, with seven points, eight less than leader Argentina. The distance in the table reflects what has been considered a lost year for the Canarian team, which, since the departure of coach Tite, shortly after the World Cup in Qatar, has been under caretaker command.

The departure of Ednaldo Rodrigues makes the much-heralded arrival of Italian coach Carlo Ancelotti, from Real Madrid, even more uncertain.

The instability favored the resurgence of opposition to the current president of the CBF, something he had not been able to deal with until now. According to the portal UOL, names like Ricardo Teixeira and Marco Polo Del Nero, former presidents of the entity, even banned from football, have been working to undermine Ednaldo’s management. They would be passing on dossiers in which they criticize what they consider to be excessive spending by the current administration, late payments and other administrative decisions.