Three years after the institution of the Football Corporation Law (SAFs), Brazil is on track to reach 100 corporate clubs that have adopted the model. The result even exceeds the expectations of one of those responsible for formulating the project in Brazil, lawyer Rodrigo Monteiro de Castro.
A survey carried out by the Brazilian Institute of Studies and Development of the Football Anonymous Society (Ibesaf) points out that they already are, with 40 of them in the Southeast region, 21 in the South, 13 in the Central-West, 17 in the Northeast and 4 in the North.
“When we finished the research, I was surprised. I thought we had 70 SAFs, but the number identified is 95 in Brazil”, said Castro at an event promoted by the CBF Academy, last Tuesday (26). The lawyer occupies the chair of president of Ibesaf and was one of the hands responsible for writing the Bill (PL) that created the model.
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In addition to the 95 SAFs found by the research, Castro estimates there are around 10 ongoing projects.
The master and doctor in Commercial Law from PUC-SP has been following the topic since the time he was invited to participate in an ambitious reformulation of the São Paulo statute and, later, in the drafting of a Provisional Measure by former president Michel Temer, which did not prosper.
“In all periods of debate, the idea of the SAF met with a lot of indifference, resistance and even the absolute certainty that nothing would happen”, says Castro. “What was said in Congress was that there was no need for a corporate subtype for teams to create companies or transform into one.”
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The idea of people involved in preparing the project, however, was that specific legislation would be able to create an environment for agents (clubs and investors) to rely on a predictable regulatory structure, something that did not evolve as expected in regulations such as the Pelé Law and Zico Law.
Today, Congress is undergoing an amendment to the SAF Law, authored by the now president of the senate, Rodrigo Pacheco, also responsible for the original text.
The idea is to improve aspects of governance and consolidate rules that more definitively establish the separation of the social club and the SAF formed, for example, through a better definition of the Centralized Execution Regime (RCE), an SAF protection instrument similar to a judicial recovery.
