MAR 26 DE NOVIEMBRE DE 2024 - 13:48hs.
Decision of Rio de Janeiro Justice

CBF has to pay US$ 100k per Série A game if it does not fulfill contract with galera.bet

The Justice of Rio de Janeiro increased the fine to be taken by the Brazilian Football Confederation (CBF), from US$ 40,000 to US$ 100,000 per Series A game if the entity does not comply with the contract signed with betting firm galera.bet. The action was proposed by the company, which has an advertising deal with the confederation to be the only bookmaker with its brand displayed in the first division games of the Brazilian Championship until 2024.

The complaint is because the brands of two other houses, Betano and Betnacional, are being displayed in the inflatable tunnel that gives players access to the pitch, as well as on the lectern where the ball is located before the game and even on the advertising board.

The CBF says that these activations are the responsibility of the host clubs. And that it terminated the contract with galera.bet because the company breached the deal by not previously notifying it of the problem and trying an out-of-court solution.

The case was already under discussion in Justice, 34th Civil Court of the District of the Capital of the Court of Justice of Rio de Janeiro (TJRJ). At the time, the CBF was ordered to pay R$ 40,000 per game. The decision was confirmed by the second instance. However, the CBF filed a request for reconsideration, as it understood that the court where the case was being judged was not the appropriate one.

Judge João Marcos Fantinato said in his decision that “the parties agreed that the disputes would be resolved in the central court of Rio de Janeiro”, and therefore it is up to his court to decide on the case. And that “the alleged distinction between sponsor and commercial partners does not make sense, for the purposes of making an exception, since the object of the contract is exclusive publicity. And making an exception for advertising precisely from competing companies under such an argument mischaracterizes the very essence of the contract.”

Finally, regarding CBF's version that the contract was terminated, the magistrate stated that “the allegation that the plaintiff breached the contract, and thus the termination for such fault became lawful, does not proceed. The eventual lack of prior notification to try a negotiated solution does not raise the appeal to justice to the level of an illegal measure, not least because the cause is the breach of the essence of the contract, which is exclusivity.”

Source: Panorama Esportivo / O Globo