Gilmar suspends decision, and Ednaldo Rodrigues will return to CBF – 01/04/2024 – Mônica Bergamo

The minister of the STF (Supreme Federal Court) Gilmar Mendes suspended this Thursday (4) the decision of the Court of Justice of Rio de Janeiro (TJ-RJ) that removed Ednaldo Rodrigues from the presidency of the CBF (Brazilian Football Confederation). The top hat will now be reappointed to his position.

The judge concluded that the annulment of an agreement signed between the entity and the Federal Public Ministry (MPF) of Rio de Janeiro, without further in-depth analysis, exposed the CBF to serious consequences that could “affect the proper functioning of Brazilian football as a whole “.

By preferring the monocratic decision, the dean also accepted the argument that judicial intervention on the CBF could encourage the application of sanctions by FIFA (International Football Federation), which rejects the interference of third parties in the management of confederations and associations.

Ednaldo Rodrigues was removed from the presidency of the CBF on December 7 last year. He came to command the CBF 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 entity 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, which was judged illegal by the state court. When analyzing the case, the Rio de Janeiro court considered that the Public Ministry did not have the legitimacy to file the agreement.

The conclusion is refuted by Gilmar in his decision. “It is imperative to reject, from the outset, arguments associated with the inadmissibility of the Public Prosecutor’s Office’s actions when private entities are at stake, which do not find greater resonance in the jurisprudence of this court”, he states.

For the STF minister, the Public Ministry not only has the legitimacy to act on matters linked to sporting entities, but it is also necessary to construct solutions that favor minimal state intervention in the sporting sphere.

The judge also cites the statement made by the Attorney General of the Republic, Paulo Gonet, within the scope of the process. For the head of the MPF, the annulment made by the TJ-RJ disregarded “the institutional functions of the Public Ministry, its functional autonomy and independence” and violated the autonomy of the CBF.

When analyzing possible risks caused by the state court’s decision and justifying the urgency of a precautionary measure, Gilmar Mendes highlights that next Friday (5) the deadline for the registration of the Brazilian football team in the qualifying tournament for the Olympics will be closed. Paris.

The act, according to Gilmar, could “be made impossible if carried out by a leader not accredited by the competent international institutions”, such as FIFA and Conmebol (South American Football Confederation).

The Rio Court had determined that José Perdiz, president of the STJD (Superior Court of Sports Justice), would act as an intervenor in the CBF until new elections were held by the entity. Both FIFA and Conmebol declared that they did 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”.

In addition to returning Ednaldo Rodrigues to the position, Gilmar Mendes determined that the precautionary measure granted by him this Thursday be taken to the other STF ministers for consideration.

The suspension of the decision of the Rio Court will be maintained until “the Federal Supreme Court gives a definitive opinion on the constitutionally adequate interpretation of the rules challenged in these files or until an eventual decision of this court to the contrary”, it states.

The minister, finally, highlights: “The precautionary provision now granted does not affect any state intervention in the CBF; on the contrary, it privileges its autonomy by restoring the effectiveness of the act itself through which the entity elected its leaders, whatever the General Electoral Assembly held on March 23, 2022”.

Read the full Gilmar Mendes decision below:

_{with BIANKA VIEIRA (interim)KARINA MATIAS It is MANOELLA SMITH}

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