A sociedade anônima de futebol e o regime jurídicos dos clubes brasileiros: avanço jurídico ou fracasso anunciado?

Abstract

Brazilian society has football as one of its cultural pillars. Faced with the indebtedness of certain football clubs, the Sociedade Anônima do Futebol represents a recent and revolutionary innovation in Brazilian Law, with the potential to radically transform the management model of professional football in Brazil. The problem asks about the scope of the legislative and legal transformations introduced by the SAF law and whether these changes represent a significant advance in the business restructuring of football clubs in Brazil. The hypothesis raised suggests that the transition of clubs to the SAF model should be gradual and slow. The work aims to analyze whether the Football Corporation – SAF model, originating from Law No. 14,193/2021, provides legal advances that help in the financial restructuring of Brazilian teams. In this way, the specific objectives are manifested in three aspects: explaining concepts about sports law and the football corporation, as well as the legal regime of Brazilian clubs, identifying how the SAF Law intends to help modernize Brazilian football, recognizing the legal protection for both supporting clubs and the investing company and investigating the benefits and harms of indebted teams becoming adherents of the model. For a better understanding of the topics discussed, the method used was exploratory and a hypothetical-deductive approach, using the bibliographic procedure with search mechanisms, such as academic works, scientific articles, books and Brazilian legislation.