Vetoes to the Sports Law barred measures against scalpers – 06/24/2023 – Panel

Vetoes promoted by the government of Luiz Inácio Lula da Silva (PT) to the General Law of Sport emptied measures that had as targets members of organized supporters who commit infractions (violent or not), leaders of clubs that contribute to the activity of money changers and members of courts of sports justice that gained space through kinship or godparents relationships.

The General Sports Law was sanctioned by the president on June 14th with 134 vetoes, and many took by surprise allies of the Minister of Sports, Ana Moser, an activist in the sector. They saw the government’s capitulation to pressure from governing groups and organized supporters.

As the text was modified by the Executive, it will once again be considered by Congress.

One of the vetoes is the article that provided that all visitors to football matches in stadiums with a capacity of more than 20,000 people were registered in the National Register of Fans.

Linked to another vetoed article, which provided for fines of up to R$ 2 million for people who commit acts of violence in sport, the text had in its sights especially members of organized supporters who recurrently get involved in episodes of this type.

In a note, the government says that “the requirement of prior registration for anyone and everyone who wants to access a sporting event can make access to the diverse public unfeasible, reflects a burden on society as a whole as a mechanism to establish control of a specific public. “

In the veto reasons, the government pointed out a lack of budgetary forecast in relation to the National Register of Supporters and lack of initiative in relation to fines, as they would be applied by the National Authority for the Prevention and Combat of Violence and Discrimination in Sport (Anesporte), which does not yet exist and can only be created through a government-initiated project. According to Moser, the agency will be created through a project by the Executive.

The government also vetoed that football clubs could not donate or grant subsidies in the sale of tickets to organized supporters. With this device, the idea was to suffocate leaders who try to please the fans by donating tickets, which are often resold by members of them.

At this point, the Lula government said that the measure does not seem to be justified or necessary and may even appear to be “undue presumption of criminalizing the activity of organized supporters, whose activity has historically been one of partnership and support for sports entities, being that matters should not contaminate each other.”

Finally, critics of the veto of Article 27 say that the government has preserved the strength of members of sports justice courts who arrive at their posts through kinship or friendship, which is recurrent in the country.

This article admitted arbitration as a means of resolving sports conflicts in Brazil, imposing more impersonal, modern and professional criteria for the resolution of disputes in national sports.

The possibility of applying the arbitration law to sport would speed up the resolution of conflicts and remove cases from the influence of these members of the courts, analyze these critics.

In its veto justification, the government wrote that the proposal incurs an unconstitutional defect, as sport does not support the resolution of conflicts through arbitration “without the risk of decisions that do not keep uniformity between them”.

In addition, it also pointed out the risk of applying arbitration indiscriminately to any employees, not just those with higher salaries, which could compromise the labor rights of those involved.

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