Conamp goes to the STF to defend Ednaldo Rodrigues at CBF – 01/01/2024 – Mônica Bergamo

The National Association of Members of the Public Ministry (Conamp) was admitted as amicus curiae (friend of the court) by the Federal Supreme Court (STF) in an action that requests the suspension of the decision that removed Ednaldo Rodrigues from the presidency of the CBF (Brazilian Football Confederation). ).

Made up of members of the Public Ministry of the states and the Union, the class entity claims that there were “serious injuries to the constitutional performance” of the body as a result of decisions taken by the 21st Chamber of Private Law of the Court of Justice of Rio de Janeiro — and defends its annulment.

“In view of the relevance of the constitutional issue discussed and the representativeness of the candidate, I grant the request”, decided Minister Gilmar Mendes, accepting Conamp’s request to join as amicus curiae. The Direct Unconstitutionality Action (ADI) reached the court on the initiative of PC do B.

Ednaldo Rodrigues was removed from the presidency of the CBF on December 7 last year. He came to command the entity after the removal of his predecessor, Rogério Caboclo, who was the target of allegations of harassment against female employees.

At the time, Rodrigues presided over the CBF on an interim basis and signed a Conduct Adjustment Agreement (TAC) with the Federal Public Ministry (MPF) of Rio de Janeiro, which paved the way for him to be elected later and take office.

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

Some of the vice-presidents of the confederation during the Caboclo administration, however, felt harmed and questioned the validity of the agreement, now judged illegal by the courts. When analyzing the case, the Rio de Janeiro court considered that the Public Ministry did not have the legitimacy to file the agreement.

For Conamp, the decisions of the Rio Court are “teratological” and would have been taken “arbitrarily”, in disagreement with the provisions of the Constitution.

The association maintains that the Court not only contradicted the CBF’s constitutional principle of autonomy but also made decisions based on the provocation of people who no longer form part of the confederation nor represent the Public Ministry, favoring “individual and private interests”.

“Decisions of this type are unconstitutional and illegal and harm society, especially workers, consumers and fans, as they violate the constitutional prerogatives of the Public Ministry in defense of the country’s cultural heritage, the workers employed by Brazilian football and all its consumers and fans “, the entity stated to the STF.

“The suspension of the processes and effects of these decisions are even more urgent to defend the capacity to generate employment and income from national sport in the Brazilian economy, which cannot be threatened by teratological decisions that contradict all national and international sporting legal system, with interpretations completely inconsistent with the Constitution”, he also said.

The entity warns that judicial intervention on the CBF could encourage the application of sanctions by FIFA (International Football Federation), which rejects third-party interference in the management of confederations and associations.

The court ordered José Perdiz, president of the STJD (Superior Court of Sports Justice), appointed as intervenor in the CBF, to call elections in January. Both FIFA and Conmebol (South American Football Confederation) have already stated that they do not recognize the intervention.

The two entities sent letters to the CBF warning about the risks in case of external interference and reaffirming that the statute of the world federation “obliges member associations to manage their affairs independently, without influence from third parties, including any state entities”.

“There is a concrete, serious risk that is difficult to reversible […] of non-participation of the Brazilian team in the pre-Olympic tournament and the Paris Olympic Games, and abrupt administrative suspensions by FIFA and Conmebol — which would compromise the practice of professional and non-professional football (men’s and women’s) throughout the country” , Conamp told the STF: “The risk is imminent and very serious.”

The request for Conamp to join as amicus curiae at ADI is signed by lawyers Aristides Junqueira Alvarenga and Juliana Moura Alvarenga Diláscio.

_{with BIANKA VIEIRA, KARINA MATIAS It is MANOELLA SMITH}

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