President Luiz Inácio Lula da Silva sanctioned this Wednesday (14) the General Sports Law (LGE). The text was approved by the National Congress last month and regulates sports in the country in a single legislative text. With that, LGE now brings together all the legislation related to the sports area, such as the Pelé Law (Law 9,615, of 1998), the Fan Statute (Law 10,671, of 2003), the Sports Incentive Law (Law 11,438, of 2006) and the Athlete Scholarship Law (Law 10,891, of 2004). “The General Sports Law establishes the National Sports System, which is a construction of decades, of national conferences. It is a text that has been under discussion in Congress for over six years. It was a great expectation for the sector, the text establishes a formalized, institutionalized structure of the sport, with responsibilities of the Union, the states, the municipalities. It is a very complex law, there are more than 200 articles”, highlighted the Minister of Sport, Ana Moser, after meeting with the president to sign the sanction , which should be published in the next edition of the Official Gazette (DOU). Vetoes One of the most controversial points of the text, which had been approved by Congress, and which deals with the compensatory clause for athletes in employment contracts, was vetoed by Lula. The veto was a demand from athletes, especially football players, who in recent weeks have even staged protests at games in the Brazilian Serie A Championship. athlete in the event of termination of contract or unjustified dismissal of athletes. This value can be freely agreed between the parties, respecting a maximum of 400 times the monthly salary or the minimum equivalent to what the athlete should receive until the end of the contract. In the text approved by parliamentarians, the compensatory clause was made more flexible if the athlete obtained a new employment contract, and the club should only pay the difference in the value of the new salary, if it was lower than in the previous contract. The General Law also provided for the creation of the National Authority for the Prevention and Combat of Violence and Discrimination in Sport (Anesporte), linked to the Ministry of Sport, but this section was vetoed, according to the minister, for “initiative defect”, since the creation of bodies of the executive branch must be done through a project initiated by the government. According to Ana Moser, the creation of the agency will be sent through a new bill by the Executive Branch. The president also vetoed the National Sports Fund, which, according to Ana Moser, was due to a lack of revenue forecast for his institution. The president’s vetoes will now be analyzed by the National Congress, which may or may not maintain them, with a simple majority vote in both the Chamber of Deputies and the Senate. National System LGE recognizes sport as an activity of high social interest and institutes a National Sport System (Sinesp) guided by ten-year sports plans of states, the Federal District and municipalities, in line with the National Sports Plan. Both Sinesp and the plan will aim to strengthen organizations that recognize sport as a human development factor, in order to contribute to democratize people’s access to sports practices. The text provides that these organizations have a management guided by the principles of financial and administrative transparency; morality; and social responsibility of managers. It also determines equality in the amounts paid to male and female athletes or para-athletes in the awards granted in the competitions they organize or participate in. Another point addressed by LGE is the payment of the Athlete Scholarship, with values ranging from R$ 370 per month, base category, to R$ 15,000 per month, podium category, for athletes ranked among the top 20 in the world in the modality. Resources The sports organizations that receive resources obtained via lotteries must manage these amounts in compliance with the general principles of public administration. To receive these transfers, entities need to be in good standing with regard to tax and labor obligations. The inspection will be the responsibility of the Federal Court of Accounts (TCU). Sports entities’ access to public resources depends on their demonstrating transparent management of economic and financial data, contracts, sponsors, image rights, intellectual property, among other aspects. The bylaws of these entities should have defining principles of democratic management and transparent management in the movement of resources. According to the approved text, the income tax deduction limit for individuals interested in collaborating with sports is 7%. As for companies, it will increase from 3% to 4%. The condition for this is that the support for the project (sports or parasports) promotes social inclusion through sport, preferably in communities in situations of social vulnerability. The project grants the sports organizations responsible for the games the right to exploit and commercialize the dissemination of images and sounds. In this way, these organizations will have the prerogative to negotiate, authorize or prohibit the capture, broadcast, transmission, retransmission or reproduction of images, by any means, of a sporting event in which they participate. Another point addressed by the LGE is the punishment of organized supporters who have discriminatory, racist, xenophobic, homophobic or transphobic conduct, preventing them from attending sporting events for a period of up to five years. Council A new National Sports Council (CNE) will be established, with the attribution of approving guidelines for the use of the National Sports Fund (Fundesporte), as well as supervising it. The council will also be responsible for evaluating the Ministry of Sport’s annual monitoring report on the implementation of the National Sports Plan. The CNE will be composed of 36 members, 18 of which will be government representatives. In it, there must be at least one representative from the Senate, one from the Chamber, one from the Ministry of Defense, three from the states and three from the municipalities. The remaining 18 representatives will be from civil society. LGE determines state governments to act in the construction, renovation and expansion of infrastructure and public sports equipment for the population, giving priority to municipalities with a low Human Development Index (HDI). The municipalities will be in charge of executing sports public policies at all levels, with priority promotion to educational sports.
Agência Brasil
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