The future of jurisprudence on the SAF Law

Law 14.193/2021, responsible for creating the Institute of the Pain Society of Football (SAF), objective, among others, the development of football and professional athletes, as well as the economic exploitation of assets and obtaining of revenues arising from sports rights by soccer clubs. Since its inception, the standard has been the target of positive comments, as it has allowed the transformation of clubs (usually founded in the form of associations) into companies, revolutionizing the football market and attracting national and international investments.

However, the interpretation of the law has been experiencing some obstacles in the judiciary, generating uncertainties about the future of jurisprudence on the subject.

The most recent discussion deals with a case that was processed at the 3rd Region Regional Labor Court: a labor complaint filed by former player against Cruzeiro Esporte Clube. In the sentence, it was determined that SAF Cruzeiro was jointly and severally liable for labor debt of the Cruzeiro Association. It turns out that, in the present case, the Cruise Association was constituted prior to SAF Cruzeiro, so that it could not be jointly and severally responsible.

The law expressly provides that the SAF will not be liable for transfers or debts of associations that are prior to its constitution, except for the hypotheses in which the association adopts the centralized regime of executions or receiving dividends arising from the shareholder position, cases in which they should receive SAF transfers, which will be used to pay any debts.

It is argued, therefore, that the court applied precepts contrary to the legislation. The legislator's intention was precisely not jointly and severally liable to SAF, in order to enable the capture of new resources, stimulating football activity.

Thus, discussions bring attention to the point, intending that normative interpretation guarantees legal certainty, applying the one provided by law and preventing SAF's law from becoming without effectiveness in this regard.