Ednaldo Rodrigues goes to the STJ to stay in the CBF – 12/11/2023 – Sport

The lawyers of Ednaldo Rodrigues, removed president of the CBF (Brazilian Football Confederation), presented this Monday (11) an appeal to the STJ (Superior Court of Justice) in which they try to reverse the decision of the TJ-RJ (Court of Justice of Rio de Janeiro) who removed the leader from office.

In the request to suspend the dismissal signed by Rodrigues’ team of lawyers, including former minister José Eduardo Martins Cardozo, and addressed to the president of the STJ, Maria Thereza de Assis Moura, they argue that the removal of the president of the CBF puts him at risk ” the organization of football in the country and its entire economic chain”, which could lead to the suspension of the entity and the “inability of Brazilian teams and clubs to compete in international competitions”.

The lawyers also ask that, if the suspension is not accepted, that Rodrigues can remain in office to call, within 30 days, new elections. The decision of the Rio Court that removed the leader from office also required the president of the STJD (Superior Court of Sports Justice), José Perdiz, to take over the entity in the role of intervenor and call elections within 30 working days.

Judges Gabriel Zéfiro, Mauro Martins and Mafalda Lucchese, who decided to dismiss the president of the CBF, assessed that the MP-RJ (Public Ministry of Rio de Janeiro) did not have the legitimacy to file the TAC (Conduct Adjustment Term) action. agreed with the CBF in 2022. The term paved the way for the election of Rodrigues.

The president of the CBF was effectively removed because the conduct adjustment agreement signed between the CBF and the Public Ministry of Rio de Janeiro, which guaranteed his election, was annulled, explains Higor Maffei Bellini, lawyer specializing in Labor Law and master in Sports Law and president of the Sports Law Commission of OAB Butantã.

According to Bellini, the Court of Justice understood that the Public Ministry did not have the legitimacy to take action against the CBF, as it is a private entity.

In the appeal, the lawyers argue that Rodrigues’ removal could lead to the suspension of the CBF as an associate of international federations and prevent Brazilian clubs from participating in competitions.

Following the removal of the CBF president, FIFA (International Football Federation) and Conmebol (South American Football Confederation) sent letters 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.

In the appeal presented by Rodrigues’ lawyers, they point out that the letter issued by FIFA “demonstrates the concrete possibility of sanctioning the CBF, with a disastrous effect on the country’s professional football”. They also claim that FIFA suspended the Mali Football Association “due to undue government interference, after the Minister of Sports dissolved the Executive Committee of the Entity”.

Victor Campos, Entertainment Law lawyer at Vieites, Mizrahi, Rei Advogados, states that the appeal can only be judged next year, since on December 20th the Judiciary goes into recess, with a return only on January 20th .

“However, as a request for suspension of the injunction and sentence has been linked to the special appeal [procedimento que visa a suspensão de uma sentença antes do julgamento do recurso]it is possible that there will be a trial in the next few days, especially because it is a matter that has taken on national proportions”, says Campos.