Representantes de clubes de futebol vão participar hoje, na Câmara dos Deputados, de uma audiência pública para discutir com o relator do projeto de Lei que instituiu a SAF (Sociedade Anônima do Futebol), deputado Fred Costa (PRD-MG), adequações sobre o modelo. Os dirigentes buscam maior segurança jurídica sobre o tema.
Um dos itens do projeto diz respeito à sucessão trabalhista e quais responsabilidades ficam diante da passagem do clube para uma sociedade anônima. Esse é um ponto que demanda clareza para os times. Na legislação brasileira, a sucessão trabalhista se dá com a transferência da titularidade da empresa ou do estabelecimento para outro grupo societário. A empresa formada (sucessora) assume as obrigações trabalhistas obtidas pela antiga empresa (sucedida). Os direitos dos empregados ficam preservados integralmente com qualquer mudança na estrutura jurídica da empresa.
Os direitos dos empregados ficam preservados integralmente com qualquer mudança na estrutura jurídica da empresa.
A Sociedade Anônima do Futebol surgiu do PL 5.516/2019, apresentado pelo presidente do Senado, Rodrigo Pacheco (PSD-MG), e aprovado na forma de um substitutivo do senador Carlos Portinho (PL-RJ). A Lei 14.193 foi instituída em 2021, durante a Presidência de Jair Bolsonaro (PL). Com a medida, a iniciativa privada passou a poder ter participação nos clubes sem descaracterizá-los.
Empresas, fundos de investimentos e pessoas físicas podem integrar a administração dos times de futebol. Também abre espaço para serem emitidos títulos e que haja a oferta de ações na Bolsa de Valores. A regulação fica a cargo da CVM (Comissão de Valores Mobiliários). Alguns clubes brasileiros se transformaram em SAF: casos de Bahia, Botafogo, Cruzeiro, Fortaleza, Vasco da Gama e Atlético.
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