Ednaldo files an appeal with the STJ against removal from the CBF

The defense of Ednaldo Rodrigues, removed president of the Brazilian Football Confederation (CBF), filed an appeal with the Superior Court of Justice (STJ), this Monday, the 11th, against the decision of the Rio Court to dismiss the leader of the office. The next steps will be taken this week. Lawyers cite that the decision calls into question the “organization of football and its economic chain”, in addition to the risk of the entity being suspended by FIFA, preventing the Brazilian team and clubs in the country from participating in international competitions.

Ednaldo Rodrigues was removed from office on Thursday, the 7th, as a result of the cancellation of a series of assemblies of the entity, including the one that elected the Bahian leader. All of them would be in violation of the law. The Court also established that the president of the Superior Court of Sports Justice (STJD), José Perdiz, acts as an intervener in the entity until new elections are called. Ednaldo’s defense asks the STJ that, if the appeal is not accepted, he remains in office to call a new election within 30 days. This period would end in January.

The most immediate consequence of the case is to remove coach Carlo Ancelotti from the Brazilian team. Ednaldo has scheduled the hiring of the Real Madrid coach for June 2024. Without him in office, the deal could be undone. Ancelotti never spoke clearly on the matter.

The trial that ended up removing Ednaldo from football power dealt with the legality of a Conduct Adjustment Term (TAC) signed between the CBF and the Public Ministry of Rio de Janeiro (MP-RJ) in March 2022. At the time, the TAC allowed the entity’s General Assembly to elect Ednaldo president. On Thursday, however, judges Gabriel Zéfiro, Mauro Martins and Mafalda Lucchese initially considered that the MP could not have filed a Public Civil Action (ACP) against the elections held by the entity in 2017, when Rogério Caboclo was elected.

The review took place at the request of two former CBF presidents, Ricardo Teixeira and Marco Polo del Nero. Therefore, the TAC was also considered null. Other federation directors also took legal action.

The CBF and MP-RJ signed the TAC because the Justice body considered the rules that governed the election in the confederation to be illegal, that is, the one that led Ednaldo Rodrigues to the position of president. This is because a change in the entity’s statute, in 2017, established different weights for the votes cast by federations and clubs – the loophole allowed clubs and federations to vote together to elect the president. It was under this rule that Rogério Caboclo was elected president of the CBF in 2017, nominated by the then removed leader Marco Polo del Nero. Caboclo was dismissed amid allegations of harassment.

Ednaldo Rodrigues, then vice-president of the CBF, took command on an interim basis after Caboclo’s departure. Opponents tried to block the March 2022 election by claiming that the TAC was signed by him, as interim president, and served to endorse an election that would make him de facto president.

RISK OF SUSPENSION

In the midst of this movement in Justice, which would have among the top-hat organizers removed by FIFA, last week the highest entity in world football sent a notification to the CBF warning that the entity could be suspended if Ednaldo Rodrigues was removed “due to undue influence from third parties “.

“We would like to remind you that, in accordance with art. 14 par. 1 i) and art. 19 of the FIFA Statutes, FIFA member associations are obliged to manage their affairs independently and without undue influence from third parties. Violation of these obligations may lead to potential sanctions, as provided for in the FIFA Statutes”, said an excerpt from the document.

“Furthermore, and in relation to the above, we would like to emphasize that any violations of art. 14 par. 1 i) of the FIFA Statutes may also lead to sanctions, even if the influence of third parties was not the fault of the member association in question (art. 14, paragraph 3 of the FIFA Statutes)”, the text added. On Thursday, FIFA and Conmebol reiterated the warning, in response to consultations carried out by the secretary general of the CBF, Alcino Reis.