Minister Flávio Dino, of the Federal Supreme Court (STF), interrupted, this Wednesday (9), the trial that discusses the decision that authorized the return of Ednaldo Rodrigues to the presidency of the Brazilian Football Confederation (CBF).
Dino made a request for a review (more time to analyze the process). There is no set date for the return of the trial.
Nothing changes at CBF and Ednaldo remains in office.
He had been removed from the entity in December 2023, by decision of the Rio de Janeiro Court. In January of this year, Gilmar Mendes suspended this determination, returning command of the CBF to Ednaldo.
single vote
The trial in the STF has only had Gilmar’s vote so far. He is the case reporter.
The magistrate voted to confirm his decision. He also proposed that the STF now definitively judge the case, analyzing the merits of the request.
Thus, Gilmar also voted to recognize the legitimacy of the Public Ministry’s actions in matters linked to sporting entities (such as the CBF) or the practice of sports.
This action involves, for example, the signing of agreements in the event of any irregularity or infringement of rights.
The Court analyzes action filed by PCdoB. The party questioned the court decisions that had interfered with the CBF.
The party’s request, however, is broader. The case discusses the interpretation of sections of the Pelé Law and the General Sports Law regarding the possibility of Judiciary intervention in sports entities.
Understand
The Rio de Janeiro Court had considered the actions of the Public Ministry of Rio de Janeiro (MP-RJ) to be illegitimate and annulled an agreement reached by the body with the CBF that allowed the election of Ednaldo to the presidency of the entity.
As a result, an intervenor was appointed to manage the CBF, at the end of 2023.
In January, Gilmar suspended the effects of this decision by the Rio de Janeiro court that had removed Ednaldo Rodrigues, ordering his return to office.
Injunction
At the time of Gilmar’s decision, in January this year, there was a “risk of imminent loss”, according to the minister, as the Brazilian football team could be left out of the Olympics in Paris, France.
As the PCdoB argued in the action, the delegation’s registration in the pre-Olympic tournament would not be accepted, since the actions of the interim president of the CBF are not recognized by FIFA and Conmebol, entities that regulate sport at a global and South American level, respectively.
FIFA, the highest governing body in world football, warned the CBF about the risk of not validating the Brazilian team’s registration.
Back at CBF, Rodrigues managed to register the team. The team scored three points in three games, and failed to qualify for the Paris Games.
History
In 2017, the MP-RJ (Public Ministry of Rio de Janeiro) proposed a public civil action asking for the annulment of the general meeting held by the CBF, in March of the same year, which had changed internal electoral rules.
The MP questioned the confederation’s statute as being in disagreement with the Pelé Law because it provided for different weights for clubs in voting to choose presidents. The directors of the 27 state federations had a weight of 3 in the vote, against a weight of 2 for the 20 clubs in Series A and a weight of 1 for the 20 in B.
In 2021, these changes were annulled by the Rio de Janeiro Court, invalidating the election of Rogério Caboclo (Ednaldo’s predecessor) and determining an intervention in the CBF, appointing Rodolfo Landim, president of Flamengo, and Reinaldo Carneiro Bastos, president of the São Paulo Football Federation. (FPF). This decision was revoked shortly afterwards.
The CBF and the Public Ministry reached an extrajudicial agreement and signed a Conduct Adjustment Term (TAC). The statute changed and the weights in the votes of teams from series A and B became the same. In the new election, in 2022, Ednaldo Rodrigues, who was acting president, was elected for a full four-year term, until March 2026.
Gustavo Feijó, who was vice-president at the time of Caboclo, called the second instance. The request was that the TAC be annulled and Ednaldo removed, claiming that the judge of first instance did not have the power to approve the document. This was what was accepted on December 7th by the TJ-RJ.
