Match-fixing has once again appeared in Brazilian news as the new big problem in our football. The recent scandal in Serie B of the Brazilian Championship brought back to the spotlight a problem that, in fact, is not so new.
Older ones will remember the ‘Mafia do Apito’ (Whistle Mafia) case and the troubled Brazilian Championship Série A in 2005, which featured a series of canceled games, referees receiving payments to influence the results of the match, police involvement, distrust in the integrity of the match and all the other problems that a case of lack of integrity in sport generates.
If we look outside Brazil, there are plenty of examples of similar cases, whether from recent times or even years ago, including in sports other than football.
That is, contrary to what our imagination may be forcing us to believe, match-fixing scandals are not a recent phenomenon and much less occur because of bookmakers or bets, as these ventures are being called around here.
When we return our gaze to sports results fraud, we need to understand that bookmakers are just victims of this type of crime, after all, they are the ones who will make payments resulting from betting on fraudulent sports events. It is from them that the profit comes from bettors who entice athletes, coaches, referees and managers in search of fraud in sports results that favor them in their bets.
It is essential that the problem of match-fixing be treated seriously and without making a show of it. We need to move away from the arguments that point out that this is a new problem “caused by bets” and look, for the first time in the history of our country, as a subject that must be regulated and properly supervised and punished, especially in the sports sphere, precisely to create effective mechanisms to supervise, judge and charge all those who deviate from the established rules.
More than fines and administrative punishments, we need to look at manipulation as the crime it really is, including boasting the strong status of being the only crime of private corruption duly legislated in the entire Brazilian legislative system, pursuant to art. 41-C and 41-D of the Fan Statute.
In addition to the punishments provided for in the Fan Statute, it is also necessary to look at the problem's sporting bias, strengthening the Sports Courts to apply relevant sporting sanctions to clubs, athletes, managers and all those who have proven to act in favor of fraud in sports results.
Thinking about ways to combat match-fixing (or the fraud of sports results), I propose that we create a parallel between this crime and the practice of doping, a common and routine issue whenever we talk about sports, be it football or Olympic sports.
Doping, for some years now, has been taken very seriously by everyone: society, athletes, directors, confederations, clubs and coaches. The great punishments imposed on athletes caught in cases of doping are not rare and, due to the great seriousness with which the matter is treated by the authorities, it has created an increasing fear and concern on the part of clubs and athletes.
That is, the subject is debated within clubs and federations, there are people thinking about ways to mitigate the risks related to this practice, we have the Brazilian Anti-Doping Code and the subject is a priority in the agenda of sporting integrity, with special attention from the entire international Olympic movement.
Just as doping is a disapproved behavior, either by society as a whole or by the sport itself, match-fixing needs to follow a similar path, with clubs and confederations acting to combat, prevent and punish this problem through programs of awareness of athletes, contracts with resolution clauses for cases of manipulation and other measures that help keep the sport away from this problem that erodes the credibility of our competitions.
Therefore, it is essential that we are aware that Brazil has today, through the Ministry of Finance in cooperation with all market players, more than a unique opportunity to regulate this matter efficiently and sensibly, but the obligation to bring to light a market that today is forced to live in the darkness and insecurity of the lack of rules.
Fernando Vasconcelos
Lawyer of Rei do Pitaco
Source: Lei em Campo
