July 2, 2022
"Lei do Mandante": how is the amount transferred by transfer to the athlete?  - 09/21/2021

“Lei do Mandante”: how is the amount transferred by transfer to the athlete? – 09/21/2021

Written by Gabriel Coxtron

This Monday (20) Law 14.205/21, also known as the Mandate Act, was published in the DOU (Official Gazette), which changes the rule for the marketing of sending rights for clubs. PL has been approved by the President Jair Bolsonaro (No party) After it was unanimously approved in the Federal Senate on August 24, by 60 votes to zero.

The PL is making changes to the Pelé Law (Law 9.615/98), which states that the right to broadcast the event belongs to the two clubs, the manager and the visitor. This way, the match can only be viewed if both teams are under contract with the same company. With the new text, TV, radio or platform flow Those interested in broadcasting the game will only need to negotiate with the home team, no need to agree with the two.

He defines the law too, by his art. 42-a, §2, Transfer of 5% of the arena right to players, including reserve.

“The law reinforces this understanding of the great majority of doctrine and that is reinforced by jurisprudence: the athlete on the reserve bench signs the summary, can be expelled, his image is revealed, and he is always an alternative to changing the course of the match, so he participates in the match and is entitled to this transfer”, he understands André Kampf is a journalist, lawyer and author of Le M. Campo.

Now, it is important to understand that this distribution has been made.

“The text is very clear in this regard, by proving that the main club has the right to negotiate the right of the arena, as it reserves the right to enter the arena on the sporting event, however, it is up to the unions to pay for this item within the 72-hour deadline. All professional athletes receive benefits, equally,” says Mauricio Correia da Vega, sports law attorney and columnist at Law in the field.

“If the client allows the transfer of the event and obtains permission on his own, without participation or transfer to the visiting club, it will be up to the client only to transfer the 5% (five percent) that belongs to the athletes. The difference is that this percentage will be transferred, through the professional association, to All the athletes who were in the match (between the starters and reserves), which equally benefits the players of the two teams and not just those who work for the manager,” explains Carlos Ampel, a lawyer specializing in sports law.

In a hypothetical example, suppose that Flamengo – the home of the match – decides to broadcast the match against them Basque On his own platform, would it be up to him to properly transfer a portion of the arena’s value to Cruz-Maltino players?

“In this example, the host club will not pay directly to the players of the opposing team, but must transfer 5% (five percent) of the total amount received for the transfer of the match to the professional association, which will be responsible for dividing the amount in an equal manner among all the athletes who participated in the game, Whether from the host club or the visiting club. Therefore, albeit indirectly, it is correct to conclude that the discounted value of the host club will be used to pay for the participation of athletes from the visiting club in the show,” explains Ampel.

Also according to the text, if there is no definition to control the game, the capture, installation, broadcast, transmission, retransmission or copying of images will depend on the consent of the two clubs.

To avoid legal uncertainty, which is found in the 984th provisional procedure, the text specifies that the contracts in force remain unchanged. This part of the PL has Globo as an example, which is responsible for having the largest number of transmission agreements with clubs. However, at the same time, it has been established that clubs that do not currently have a contract to broadcast their matches can now negotiate it independently, without relying on the visiting team.

The mandate law will be put into effect first in Series B of the Brazilian championship, as clubs’ contracts with Globo expire in 2022 and a new negotiation period begins. In the first section, most agreements expire only in 2024.

It was the only veto that President Jair Bolsonaro used regarding the clause setting out the ban on radio and television stations from sponsoring and stamping their slogans on departure uniforms. The veto will remain under evaluation by Congress.

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