Federal Senate approves Bill on emergency aid and governance in the sports sector

On August 19, 2020, the text of the substitute text approved by the Federal Senate regarding Bill No. 2,824 / 2020 was sent to the Chamber of Deputies

On August 19, 2020, the text of the substitute approved by the Federal Senate referring to Bill No. 2,824 / 2020 was sent to the Chamber of Deputies, which set a limit of R $ 1.6 billion for emergency measures in the sports sector. , covered entities, athletes and other professionals in the area, due to the impacts caused by the spread of the new coronavirus.

The PL is divided between (i) measures to fight the pandemic for (a) athletes and athletes; (b) sports entities; and (c) sports sector; (ii) change in the percentages linked to the proceeds from the lottery collection received by the Brazilian Club Committee (CBC) and the Brazilian Paralympic Club Committee (CBPC), stipulated in Law No. 13,756 / 2018; and (iii) governance of sports sector entities, provided for in Law no. 9,615 / 1998.

The three-month emergency assistance in successive installments of R $ 600.00 will be destined to the sports worker (independent physical education professionals, athletes, athletes, coaches, physical trainers, physiotherapists, nutritionists, referees, among others) who fulfill cumulatively the requirements foreseen in the PL. These are associated with criteria of income, formal employment, professional activity and enrollment in councils and class registrations.

Other coping measures concern: specific lines of credit and special conditions for renegotiation for individuals, micro and small companies for sports purposes; authorization for specific sports entities not linked to the football modality to use 20% of the funds received with the collection of lotteries to pay tax debts and other types; increase of the percentage limit for deducting donations and sponsorships to 2%; exemption from the Import Tax on imports or acquisitions of sports equipment or materials, without national counterparts, destined for certain world and international competitions in the calendar year in which the state of public calamity prevails, subject to the legal conditions.

The PL also proposes restructuring in the National Sports System (Law No. 9,615 / 1998), aiming, according to the opinion presented to the Federal Senate Plenary, to “demand professionalism and transparency in the management of the entities”. To this end, measures are taken to: increase the participation of athletes in collegiate bodies; check advertising on receipt, destination and rendering of accounts referring to funds from agreements provided for by law; presentation for independent audits of the annual statements of entities with annual gross revenue higher than that defined for small businesses.

The changes stipulated in the PL also affect the electoral processes in these entities. In this way, the possibility of non-face-to-face voting, constitution of the election by a committee separated from the entity’s board of directors and inspection by delegates from competing slates and by the fiscal council is ensured.

Finally, regarding the aspects related to the management of the entities, the PL deals with the hypotheses of accountability of directors and administrators. This will be solidary and unlimited, reaching private assets, with respect to acts of irregular or reckless management (misuse of purpose, excessive and irresponsible risk to the entity’s assets, among others), as well as those contrary to the provisions of the articles of association or bylaws . In addition, new officers will also be held jointly liable when they become aware of irregularities committed by their predecessor or by the administrator and do not report the fact to the competent body.

By: Wilson Sales Belchior