The Supreme Court of Brazil has reinstated the president of the CBF: how does the Selecao deal with the threat of FIFA suspension

The magistrate Gilmar Mendesof the Supreme Court of Brazil, decided this Thursday return the presidency by the Brazilian Football Confederation (CBF) a Ednaldo Rodrigues, who was fired before last Christmas, prompting FIFA to threaten to disaffiliate its teams and clubs from all official competitions. With the pre-Olympic men’s soccer games just around the corner, Mendes heeded a recommendation from the Office of the Attorney General (PGR) and the Attorney General of Brazil who suggested that the High Court quash the judicial decision that stripped Rodrigues of his position, appointed an intervener and ordered new elections in the CBF.

The High Magistrate thus suspended the decision of the Court of Rio de Janeiro “until the Federal Court definitively rules on the constitutionally appropriate interpretation” or until the supreme court “decides otherwise”.

On December 7, a Rio de Janeiro court dismissed Rodrigues for finding that the elections he won in 2022 were held following rules that violated the internal regulations of the CBF, which is experiencing a sporting and institutional crisis.

The rules of those elections were agreed between the CBF and the Rio de Janeiro prosecutor’s office, which the regional judge considered an irregularity in December, but which now temporarily resumes its validity with the magistrate’s ruling.

Suspending Rodrigues, the judge appointed an intervenor to run the CBF on an interim basis in December, with the mission of calling new elections within 30 daysdeadline that has not yet been respected.

Already in his decision on Thursday, Mendes ordered the “immediate restoration of their positions” of the leaders elected in the electoral General Assembly of the CBF held on March 23, 2022 until the Supreme Court makes a final ruling.

The case reached the Supreme Court thanks to a complaint filed by the Communist Party of Brazil (PCdoB), concerned about the possibility that Brazil would be prevented from participating in the pre-Olympic tournament in Venezuela.

The Attorney General and the State Attorney deemed it necessary to return the mandate to Rodrigues because there is a “threat of suspension” of the CBF by FIFA and the South American Football Confederation (Conmebol).

FIFA rejects any judicial decision that affects the management of national federations, considering that these are external interventions, and punishes the affected teams with a ban from participating in international tournaments.

This threat could lead to a veto that would prevent the Brazilian national team from participating in the pre-Olympic tournament in Venezuela, which will begin on January 20.

“Not recognizing the current leadership, FIFA has officially warned the CBF of the possibility of imposing sanctions on Brazilian football, including the suspension of participation in competitions organized by FIFA and Conmebol,” Mendes considered.

This possible sanction, added the magistrate, “could cause a wide range of damages, especially of a sporting and economic nature”.

“There is a concrete and imminent risk that the Brazilian national team will be denied entry to the Pre-Olympic, which closes for registration on January 5”, as required by the regulations, concluded Mendes.