Copa do Brasil: clubs and CBF in friction due to game dates – 10/01/2024 – Sports

The date of the decisive matches of the Brazilian Cup semi-final became a battle between the clubs and the CBF (Brazilian Football Confederation) before the ball even rolled.

Corinthians and Vasco complain that they were harmed by the entity’s decision to, in response to requests from Flamengo and Atlético-MG, postpone the return match.

The first clash in the penultimate phase of the competition takes place this Wednesday (2), between Atlético-MG and Vasco at Arena MRV, at 7:15 pm (Brasília time), and between Flamengo and Corinthians at Maracanã, at 9:45 pm.

The second match was initially scheduled to take place on the 16th, in São Januário, and the 17th, at the Neo Química Arena.

The CBF, however, accepted the request made by Atlético-MG and Flamengo and postponed the teams’ games to the 19th, at 6:30 pm, and the 20th, at 4 pm, respectively.

The request from the two clubs came due to the FIFA Data, between October 7th and 15th, and the absences of the teams with the call-up of players for the South American teams.

After the publication of the CBF decision on Saturday (28), Corinthians and Vasco filed lawsuits with the STJD (Superior Court of Sports Justice) questioning the postponement of the matches and asking for a return to the original dates.

“Corinthians was disrespected,” said the club’s president, Augusto Melo, in a video published on social media. “Corinthians never wants to benefit, but it will never accept anyone benefiting,” added the director.

“The aforementioned modification, carried out without Vasco’s consent and in a manner contrary to the previously established calendar, violates both the General Sports Law and the General Competition Regulations of the CBF itself. The club reaffirms its commitment to respecting standards and equality in national football”, wrote Vasco in a note.

According to Cristiano Caús, specialist in Sports Law and partner at CCLA Advogados, the change in dates is in fact contrary to the CBF regulations, in their articles 11 and 14.

According to article 11, “competition matches that are part of the CBF’s annual calendar, considering all their dates, will prevail over those of any competitions, unless exceptional and express concession by the CBF”.

He also provides that “the call-up of athletes to join national teams does not guarantee their clubs the right to change the dates of their matches in competitions.”

Article 14 establishes that the competition tables may only be modified at the request of the interested party, with the host club, the host federation and the broadcaster holding the broadcasting rights being considered interested parties.

“Neither Flamengo could have requested the change, nor could the CBF, on its own initiative, have carried it out”, says Caús. “A decision to revoke the court would force the CBF to go back on the changes”, adds the expert.

According to the CBF, the changes received the approval of the company that holds the broadcasting rights for the Copa do Brasil, and would have taken place depending on the dates defined by Conmebol (South American Football Confederation) for the semi-finals of the Copa Libertadores — Atlético -MG faces River Plate in Buenos Aires on the 22nd.

“The elaboration and adjustments of the calendar always seek the improvement and permanent promotion of Brazilian football, and in respect for the principles of technical balance and sporting merit”, says the CBF, which also chose to bring forward the 16th and 17th of October for the matches of the Brazilian Championship round involving the semi-finalists of the Copa do Brasil, initially scheduled for October 19th and 20th.

“The CBF must understand that, on FIFA Dates, as happens all over the world, there cannot be competition, precisely to avoid these problems”, says Higor Maffei Bellini, president of the Sports Law Commission of OAB Butantã and master in Sports Law .

Bellini assesses that, both legally and politically, the change in the date of the semi-finals is still subject to further changes.

“Legally, it will depend on the STJD to accept the clubs’ request. Politically, it would be enough for the president of the CBF to go back on his position”, says the expert. “However, I believe that, in practice, the table will be maintained with this change that was made later”, he adds.

Bellini also says that clubs do not have the prerogative to simply not enter the field, at the risk of suffering sanctions provided for in the regulations, such as a two-year suspension from competitions organized by the CBF and relegation to Série D of the Brazilian Championship.

“The club may be unhappy, they may field a reserve or alternative team, but they have to take the field.”

According to Rodrigo Marrubia, partner at Carlezzo Advogados Associados, only after the sporting bodies have been exhausted, and if the STJD does not give a favorable decision, the clubs will be able to appeal to the common courts to try to seek what they believe they are entitled to.

“However, clubs that resort to the Judiciary must be aware that they will be subject to sanctions by FIFA and CBF”, says Marrubia. He recalls that article 51 of the FIFA Statute expressly prohibits affiliated members from appealing to the Judiciary.

Article 154 of the CBF Statute goes further and determines that, if an affiliated club takes action in ordinary court, it will be immediately removed from the competition organized by the CBF, losing the right to participate in any competition in the subsequent sporting year, points out the expert.

“Therefore, although the Federal Constitution allows access to the Judiciary, as long as the sporting bodies are exhausted, the FIFA and CBF Statutes strictly veto any possibility for affiliated clubs, so they will be subject to sanctions.”