LUN 29 DE ABRIL DE 2024 - 17:55hs.
Mauricio de Figueiredo Corrêa da Veiga and Luciano Andrade Pinheiro

CBF, clubs and sports betting: more transparent and responsible relationship

Lawyers Mauricio de Figueiredo Corrêa da Veiga and Luciano Andrade Pinheiro, partners at the Corrêa da Veiga office, exclusively analyze for GMB the new Brazilian Football Confederation (CBF) guidelines with the General Regulation of Competitions 2024 and which involve sports betting houses. For both, RGC 2024 brings more transparency and responsibility to everyone involved and is beneficial, as it will mean that bets will have to observe compliance rules, governance and ethical principles, under penalty of not being accepted as sponsors.

In accordance with the provisions of the Brazilian Football Confederation Statutes, the General Regulation of Competitions establishes the regulatory mechanisms of the highest football administration entity in Brazil, through its internal organs, as well as the reciprocal relationship between the CBF and the affiliated clubs. The Regulation has the force of law between the parties, in this case, the highest entity and the clubs associated with it.

The new General Regulation of Competitions (RGC) brings important innovations by establishing rules regarding sponsorships from betting houses on club uniforms.

According to Article 114 of the RGC, the display of betting house brands on club uniforms "is subject to compliance with the requirements provided for in Law No. 14,790/2023 and in the regulation of the Ministry of Finance."

The discretionary power of the entity is significant in that the new rule provides that the CBF may, at its discretion, prohibit the airing of advertising or propaganda by a company not aligned with the entity's policies or that is involved in any operation suspected of economic infractions or ethical violations.

Additionally, the CBF may request the production of a report to be prepared by a company specialized in detecting and preventing match-fixing, as well as a technical opinion regarding the sports conduct of those involved.

Regarding the State Championships, this prerogative will be the responsibility of the respective Federations.

This measure is beneficial, as it will require betting houses to observe compliance, governance, and ethical principles, under penalty of not being accepted as sponsors.

The sports betting law is a novelty that became part of reality in Brazil as of December 2023. However, the Ministry of Finance's Ordinance instituting the Regulatory Policy of the Secretariat for Prizes and Betting (SPA) was only published on April 10.

Finally, the display of advertising or propaganda by a sports betting operator company, contrary to the provisions of Article 114 of the General Regulation of Competitions, will have implications for the clubs, as they will be subject to the payment of a pecuniary fine, in an amount to be determined by the President's act.

Another issue of note arose from recent episodes of violence involving supporters outside sports arenas, as the CBF will now hold clubs accountable for possible acts of violence by their supporters against opposing delegations or referees.

It is important to recall that there was already a provision to this effect, as provided in Article 79 of the General Regulation of Competitions, which assigns clubs responsibility for the acts of their supporters. The provision will now take effect with an addition, as teams will have to answer for improper acts committed against delegations of clubs and refereeing teams during travel for matches.

Mauricio de Figueiredo Corrêa da Veiga
Lawyer specializing in sports law and partner at Corrêa da Veiga Advogados

Luciano Andrade Pinheiro
Lawyer specializing in sports law and partner at Corrêa da Veiga Advogados