Banca de DEFESA: LUCIANO RAMOS DE OLIVEIRA

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : LUCIANO RAMOS DE OLIVEIRA
DATE: 10/09/2025
TIME: 14:00
LOCAL: https://teams.microsoft.com/meet/2320840503116?p=cLsbtSJ1FeUZka9tHK
TITLE:

Judicial Reorganization of Corporate Football Clubs in Brazil

KEY WORDS:

macroproject; judicial reorganization; civil associations; corporate football club; football; football corporation; comparative legal systems

PAGES: 161
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation seeks to examine the (in)applicability of judicial reorganization—under the provisions of Law No. 11,101/2005 and Article 25 of Law No. 14,193/2021—to civil sports associations that have not changed their legal status to business corporations. The main study topic is whether, despite the contradiction between the reorganization framework and the legal-structural model of civil associations, non-business legal entities in the sports industry can legally access the judicial reorganization regime. As a legal process based on commercial law, judicial reorganization assumes that the applicant has the legal status of a business concern. According to the Brazilian Civil Code, the Lei da SAF (Law on Football Corporations), and the Lei Pelé (Pelé Law), it is therefore not applicable to associative entities that are still amateur clubs. The structural and financial crisis that many Brazilian football clubs— many of which are based on the associative model—are currently facing, as well as the recent legislative developments that led to the passage of Law No. 14,193/2021 (Lei da SAF), which was specifically created to provide an institutional pathway for the business restructuring of professional sports entities, serve as the rationale for this study. The thesis is organized into six chapters and uses a deductive method together with a qualitative approach and a comparative legal technique: The first chapter discusses the concepts of enterprises, associations, and the Brazilian football reality characterized by cartolismo (managerialism rooted in traditional club leadership); the second chapter examines the corporate football club model in comparative law, discussing both theoretical and practical aspects in Germany, France, Portugal, Spain, Italy, the United States, and England; the third chapter reviews the legislative evolution of Brazilian insolvency law and its relationship with US insolvency law; the fourth chapter outlines the Brazilian judicial reorganization process; the fifth chapter critically examines the reorganization framework in relation to pure civil associations; and the sixth chapter discusses an alternative financial restructuring option available to football clubs. This study shows that the legal framework provided by Law No. 11,101/2005 is incompatible with the attempt to apply judicial reorganization to civil associations without converting them into or creating a business company. This thesis examines the entire framework of judicial reorganization in Brazil, while also engaging in comparative law analysis to provide a broader perspective. By contrasting the Brazilian insolvency regime with foreign legal systems, the study seeks to clarify structural particularities, highlight points of convergence and divergence, and ultimately enhance the understanding of how the Brazilian legal order addresses corporate and associative crises. Such a comparative approach allows for a more comprehensive evaluation of the effectiveness, limitations, and potential reforms of the domestic system. This study is a component of a larger research project on the comparative reorganization of businesses and sports organizations that was created by the University of Brasília's Research Group on Comparative Law and Romanistic Legal Systems

COMMITTEE MEMBERS:
Presidente - 1012528 - JOAO COSTA RIBEIRO NETO
Interna - 1828282 - AMANDA ATHAYDE LINHARES MARTINS RIVERA
Interno - 1549538 - OTHON DE AZEVEDO LOPES
Externa à Instituição - RENATA MOTA MACIEL - UNINOVE
Externo à Instituição - RUY PEREIRA CAMILO JUNIOR - USP