O instituto da recuperação judicial para os clubes de futebol e a lei 14.193/21

Abstract

This work aims to analyze how the institute of judicial reorganization, in the form of the Law 11.101/05, can be of great value for the uplifting of the soccer clubs, which today have business characteristics, even though most of them are still organized in the form of non-profit associations, going through considerable financial crises. Since the emergence of the Reorganization and Bankruptcy Law, there have been discussions about the possibility that the economic agents that are not expressly legitimated by this legal system, which the soccer clubs are included, could apply for judicial reorganization. However, with the recognition of the economic activity that the soccer has started to develop, a process of trying to regulate this operation was inaugurated through some laws that sought to modernize the management of sport and express its economic and social characteristics, those were also confirmed through jurisprudential construction. This idealization is still under development, being strengthened through the new Law 14.193/21, which created the Anonymous Society of Soccer. Through this Law, the possibility of soccer clubs being able to request their judicial recovery was finally expressed, in addition this law brought a system capable of enabling the effectiveness of this new corporate model. This Law came at a good moment, after a considerable period of standstill in the sports activity, because of the pandemic, which is why several clubs are in financial crisis, that is why judicial reorganization may be a healthy alternative, however the clubs need to analyze their particularities. The theme discussed will be explored through books, articles, relevant legislation, and jurisprudence, where the materiality of the economic profile of the clubs and the application of the judicial reorganization as a way of resolving the indebtedness will be seen.