Mendonça denies request to suspend decision that removed Ednaldo Rodrigues from CBF – 12/22/2023 – Sports

Minister André Mendonça, of the STF (Supreme Federal Court), denied this Friday (22) a request for an injunction (urgent decision) to suspend the dismissal of Ednaldo Rodrigues from the presidency of the CBF (Brazilian Football Confederation).

Ednaldo was removed by the TJ-RJ (Court of Justice of Rio de Janeiro) because the court annulled the TAC (conduct adjustment agreement) signed between the CBF and the Public Ministry of Rio de Janeiro that guaranteed his election.

The request to the Supreme Court was made by the PSD, under the argument that it is necessary to “avoid serious violations of the constitutional prerogatives of the Public Ministry and the constitutional autonomy of sports entities, such as the CBF”.

According to the party, this alleged violation causes “profound impacts throughout Brazilian society, affecting consumer protection mechanisms and protection of national heritage (football), also generating harmful effects on the production and economic chain, with the loss of millions of jobs” .

When deciding, Mendonça stated that the dispute decided by the TJ-RJ had already been “considered exhaustively” in the first and second instances and in numerous decisions.

“At this juncture, I do not see, at the present moment, the presence of the requirements capable of justifying the granting of the emergency measure”, stated the Supreme Court minister.

Despite the decision, the PSD’s action against the Rio court decision continues to be processed in the STF and has not been closed. Mendonça requested that the AGU (Attorney General’s Office) and the PGR (Attorney General’s Office) comment on the topic.

Ednaldo was removed from the presidency of the CBF on December 7, and new elections were expected to be called within 30 days.

The TJ-RJ appointed the president of the STJD (Superior Court of Sports Justice), José Perdiz, as an intervener in the entity.

Judges Gabriel Zéfiro, Mauro Martins and Mafalda Lucchese assessed that the MP-RJ did not have the legitimacy to file the TAC action agreed with the CBF in 2022, which paved the way for Ednaldo’s election.

Ednaldo signed the agreement when he held the interim presidency of the CBF, replacing Rogério Caboclo, who was removed due to allegations of harassment against the entity’s employees.

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

Ednaldo Rodrigues’ return to the CBF was also denied by decisions of the STJ (Superior Court of Justice).