Understand the comings and goings of the CBF presidency – 01/04/2024 – Sports

After being removed from the presidency of the CBF (Brazilian Football Confederation) at the beginning of December by decision of the TJ-RJ (Court of Justice of Rio de Janeiro), top hat Ednaldo Rodrigues must now be returned to the position.

The minister of the STF (Supreme Federal Court), Gilmar Mendes, suspended this Thursday (4) the decision that removed Rodrigues from office. The reappointment must occur after the director is notified of the decision.

The removal had occurred due to the understanding on the part of the TJ-RJ judges that a TAC (Conduct Adjustment Term) signed between the entity and the Federal Public Ministry (MPF) of Rio de Janeiro, which paved the way for the election of Rodrigues, it was illegal.

In this Thursday’s decision, Mendes concluded that the annulment of the term, without further in-depth analysis, exposed the CBF to serious consequences that could “affect the proper functioning of Brazilian football as a whole”.

“With the decision of the STF minister, the effectiveness of all previous decisions is suspended until the STF plenary decides the case definitively”, says Victor Campos, Sports Law lawyer at Vieites, Mizrahi, Rei Advogados.

“In this context, Ednaldo was reappointed as president of the CBF and can carry out all actions again. This way, we will not have new elections in the CBF, at least for now”, adds the expert, in reference to the decision of the TJ-RJ that ordered the call for new elections in the CBF within 30 days.

“It is a decision with a strong impact on the electoral chess that was being played in recent weeks with a view to the election that was scheduled to take place. Now, we return to the previous point, with the continuity of the until then removed CBF administration”, says Eduardo Carlezzo, lawyer specializing in sports law and partner at Carlezzo Advogados.

Higor Maffei Bellini, lawyer and president of the Sports Law Commission of OAB Butantã, also points out that it will be necessary to wait now to understand whether FIFA (International Football Federation) and Comembol (South American Football Confederation) will understand this new decision as yet another external interference, prohibited by the entities’ regulations.

Understand below how the comings and goings of the CBF presidency took place chronologically

December 7th

The then president of the CBF, Ednaldo Rodrigues, was removed from office by decision of the TJ-RJ. The body appointed the president of the STJD (Superior Court of Sports Justice), José Perdiz, as an intervener in the entity.

The judges ordered that a new election be called within 30 days. During the period, still according to the decision, Perdiz would be responsible for the entity’s administrative routines.

The judges assessed that the MP-RJ did not have the legitimacy to file the TAC action agreed with the CBF in 2022. 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 employees of the entity.

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. Some of the entity’s vice-presidents during the Caboclo administration felt harmed and questioned the validity of the agreement, which was judged illegal by the Rio Courts.

FIFA and Conmebol sent letters to the CBF warning about the risks in the case of external interference, in the case of common justice, in the entity. Among the possible sanctions is the possibility of the Brazilian team and Brazilian clubs being banned from playing matches in official competitions abroad.

December 11th

Ednaldo Rodrigues’ lawyers are filing an appeal with the STJ (Superior Court of Justice) in which they try to reverse the decision of the TJ-RJ that removed the director from office.

In the suspension request, they argue that the removal of the CBF president puts 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 “impossibility of Brazilian teams and clubs competing in international competitions “.

December 13

The STJ denies the request made by Ednaldo Rodrigues to return to the position of president of the CBF. The decision was taken by the president of the STJ, Maria Thereza de Assis Moura. She understood that there is no public interest in the CBF’s request and this type of direct appeal to the presidency is not appropriate. Therefore, according to the minister, the request to the court to suspend the decision of the TJ-RJ that removed the director from office is not admissible.

December 22

Minister André Mendonça, of the STF (Supreme Federal Court), denied a request for an injunction (urgent decision) to suspend Rodrigues’ dismissal.

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” .

January 4th

The AGU (Attorney General of the Union) presented a statement in favor of the STF for the reappointment of Ednaldo Rodrigues to the position of president of the CBF.

The body was in favor of granting an injunction to suspend the effects of the TJ-RJ’s decision, which declared the nullity of the TAC concluded between the MP-RJ and the CBF and ordered Rodrigues’ removal from office.

The AGU argued that the Constitution ensures the autonomy of sports entities and associations to promote their organization and governance, respecting the rules of public order.

The AGU’s position was made in the ADI (Direct Unconstitutionality Action) filed by the PCdoB party, with the request for judicial decisions that interfere with the autonomy of sports entities to be suspended.

On the same day, STF minister Gilmar Mendes suspended the TJ-RJ decision that removed Ednaldo Rodrigues from the presidency of the CBF. The top hat will now be reappointed to his position, after being notified. Wanted by Sheetthe CBF did not respond until the article was published.

The judge concluded that the annulment of the agreement signed between the entity and the MPF, without further in-depth analysis, exposed the CBF to serious consequences that could “affect the proper functioning of Brazilian football as a whole”.