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Campina Grande, June 27th, 2012.

Mr. Joseph Sepp BLATTER


President Fdration Internationale de Football Association FIFA FIFA-Strasse 20, PO Box 8044 Zurich Switzerland Telephone: 0041 43 222 7777 Fax 0041 43 222 7878 Mail contact@fifa.org Web www.fifa.com

FIFA Disciplinary Code SECOND TITLE. PROCEDURE ORGANISATION AND

CHAPTER II. PROCEDURE Subsection 1. Commencement of proceedings and investigation 108 Commencement of proceedings () 2. Any person or body may report conduct that he or it considers incompatible with the regulations of FIFA to the judicial bodies. Such complaints shall be made in writing.

Dear Mr. President, Under the shelter of Article 108, 2, of the FIFA Disciplinary Code, I am addressing this most respectful organization to report conducts which are undoubtedly incompatible with its regulations, requesting the Disciplinary and Ethics Committees to analyze the issue, open proper investigation procedures and ultimately take appropriate measures against the appointed officials of the Brazilian Football Association (CBF), the entity itself and its national judicial bodies, concerning ethical and disciplinary misconducts, due to the following facts and actions:

Incompatible Conducts

FIFA Statutes VII. Arbitration 64. ()

3. The Associations shall insert a clause in their statutes or regulations, stipulating that it is prohibited to take disputes in the Association or disputes affecting Leagues, members of Leagues, clubs, members of clubs, Players,Officials and other Association Officials to ordinary courts of law, unless the FIFA regulations or binding legal provisions specifically provide for or stipulate recourse to ordinary courts of law.

On September, 13th, 2011, Brazilian Superior Court of Sports Justice, the highest Sports Court in the country, imposed a definitive sanction over RIO BRANCO FOOTBALL CLUB, excluding the club from the 3rd Division of Brazilian National League, after observing all legal procedures. Chapter VII, Article 64, 3, of the FIFA Statutes, adopted at the 61st FIFA Congress in Zurich, on 1st June 2011 and come into force on 1st August 2011, urge Member Associations to ensure that a club will not seek ordinary courts of law unless the FIFA regulations or binding legal provisions specifically provide for or stipulate recourse to ordinary courts of law. In Brazil, binding legal provisions make it possible to implement this enforcement ensuring that local rules force a club to seek ordinary courts only after going through all possible instances of the sports jurisdiction. Article 231 of Brazilian Sports Justice Code is the provision that enforces that statutory mechanism, respecting binding national legal provisions, such as Article 52, paragraph 1, of Federal Law n. 9.615, March, 24th, 1998, known as the Pel Act, and Article 217, paragraphs 1 and 2 of the Federal Constitution of the Republic of Brazil. As an objective and demonstrated result of that specific violation, RIO BRANCO FOOTBALL CLUB was punished and excluded from the Competition, with applicable consequences. Unexplainably, on October 26th, 2011, after the decision was already definitive, CBF, together with the Superior Sports Court, unpunishes RIO BRANCO FOOTBALL CLUB, completely disrespecting the proper arbitration tribunal decision, and entirely disregarding the effects it had caused to third parties' rights and expectations, all carried out through a secret and private Agreement. Worse, still. Through Clause 4 of the mentioned Agreement, official transcripts to follow, CBF and the Superior Sports Court

made an express commitment not to report the extremely serious infringement that came to its knowledge to FIFA, in a crystal clear infringement of Article 70, 3, of FIFA Disciplinary Code, that, concerning the prosecution of infringements, states: 70 General rule 1. (...)

2. The judicial bodies of FIFA reserve the right to sanction serious infringements of the statutory objectives of FIFA (cf. final part of art. 2) if associations, confederations and other sports organisations fail to prosecute serious infringements or fail to prosecute in compliance with the fundamental principles of law. 3. Associations, confederations and other sports organisations shall notify the judicial bodies of FIFA of any serious infringements of the statutory objectives of FIFA (cf. final part of art. 2).

Through Clause 5, CBF and STJD also commit themselves not to punish the infringement that had been sufficiently demonstrated before the highest sports court in the country, and that had already been imposed by the last and definitive instance of the national sports jurisdiction. Not to punish!! There's no greater damage and disrespect to the FIFA Statutes and Codes, Mr. President, than the recognition that an infringement is serious enough to have already caused the imposition of a sanction, followed by a private commitment, from a Member Association which is unacceptable! , that the infringement will not be reported for proper enforcement and lawful consequences. It's an absolute denial, from a Member Association, from its judicial instances, and from the officials that took part it the Agreement, namely, Mr. RICARDO TERRA TEIXEIRA, Mr. RUBENS APPROBATO MACHADO, and Mr. CARLOS EUGNIO LOPES, of the authority of sports instances decisions. It is a disruption of the autonomy system for its decisions that FIFA has so hardly been trying to build and keep throughout the years, all over the world. It is, at last, the worst example of lack of respect for FIFA Statutes that a Member Association which is about to host a World Cup could show. This year, before the new league started, other clubs that could be reached by the effects of the original decision, tried to enforce it within the sports jurisdiction, trying to get an annulment of the illegal Agreement. Once again, the scandalous agreement through which the FIFA Member Association, its officials and judicial instances tried to disrespect the authority and revert the effects of the higher sports court decision came to discussion. This time, the illegal content of the Agreement was brought to the knowledge of two more judicial instance officials, namely, Mr. PAULO SCHMITT, who functions as a prosecutor, and Mr. FRANCISCO ANTUNES MACIEL MUSSNICH, who functions as a judge in the sports arbitration instance. Instead of pronouncing the scandalous attempt to overcome and unlawfully revert definitive sports decisions, both gentlemen solemnly omitted themselves, maybe not to compromise fellow officials.

Mr. FRANCISCO ANTUNES MACIEL MUSSNICH, as official transcripts show, expressly recommended and advised the requesting club to seek for ordinary courts of justice, once that matter was not, according to him, to be analyzed by a sports court. All these misconducts, Mr. President, to hide the unacceptable nature and content of an unlawful and extremely strange Agreement, to protect fellow officials from what is a clear violation of Article 70, 3, of FIFA Disciplinary Code, making an absurd commitment not to report a serious infringement. This conduct itself represents a serious infringement, as it breaks the principle of neutrality objectively demanded from all FIFA related agents, according to Article 6 of FIFA Code of Ethics: 6 Conduct towards organisations government and private

In dealings with government institutions, national and international organisations, associations and groupings, officials shall, in addition to observing the basic rules of art. 3, remain politically neutral, in accordance with the principles and objectives of FIFA, the confederations, associations, leagues and clubs, and generally act in a manner compatible with their function and integrity. Besides all of that, Mr. President, in an absolutely unacceptable development of the already mentioned misconducts, CBF, the judicial instances and all the other mentioned officials have been promoting extensive and open defense of RIO BRANCO FOOTBALL CLUB, through public statements and support, halting of the 3rd Division of Brazilian League, offending, insulting and inciting hatred and violence among the clubs who have been reached and jeopardized by the halting of the tournament, and promotion of various threats of overnight judgements and undefined sanctions, disrespecting the basic Right to be Heard (Article 94 and following provisions of FIFA Disciplinary Code) with the sole purpose of intimidating clubs that brought the original infringement to public. A serious, inadmissible infringement of Article 3 of FIFA Code of Ethics: 3 General rules

1. Officials are expected to be aware of the importance of their function and concomitant obligations and responsibilities. Their conduct shall reflect the fact that they support and further the principles and objectives of FIFA, the confederations, associations, leagues and clubs in every way and refrain from anything that could be harmful to these aims and objectives. They shall respect the significance of their allegiance to FIFA, the confederations, associations, leagues and clubs and represent them honestly, worthily, respectably and with integrity. 2. Officials shall show commitment to an

ethical attitude while performing their duties.

They shall pledge to behave in a dignified manner. They shall behave and act with complete credibility and integrity. 3. Officials
may not abuse their position as part of their function in any way, especially to take advantage of their function for private aims or gains. This very provision should also be taken into consideration by the adequate FIFA Committees so that they can investigate the conduct of the current President of CBF, Jos Maria Marn, in an shameful episode in the beginning of this year, a Medal Ceremony during which he should be awarding medals to the Winners of the U-18 So Paulo Cup, but in which he was caught surprisingly hiding one of the medals in his own pocket. The regrettable episode is available at http://www.youtube.com/watch?v=IVZbulmbsc4 . It was recorded and broadcasted by ESPN Brasil Cable TV Channel, heavily commented in the country, and, needless to say, it is an absolutely inappropriate behavior from the President of the FIFA Member Association who is going to host the Confederations Cup and the World Cup in the following months. Those are events which are going to involve billions of dollars, and if officials convey the impression that they can't behave properly before symbolic objects like awards and medals, it surely damages the image of FIFA, not to mention that it surely doesn't comply with the integrity, dignity and ethic standards the organization is renowned for. Mr. President, failure from Member Associations to respect or comply with decisions passed by any branch of FIFA, according to its Disciplinary Code, may ultimately result in expulsion from a FIFA competition, according to Article 64, Section 8, d: Section 8. Failure to respect decisions 64 [only] 1. Anyone who fails to pay another person (such as a player, a coach or a club) or FIFA a sum of money in full or part, even though instructed to do so by a body, a committee or an instance of FIFA or a subsequent CAS appeal decision (financial decision), or anyone who fails to comply with another decision (non- financial decision) passed by a body, a committee or an instance of FIFA, or by CAS (subsequent appeal decision): () d) (only for associations) will be warned and notified that, in the case of default or failure to comply with a decision within the period stipulated, further disciplinary measures will be imposed. An expulsion from a FIFA competition may also be pronounced.

This is not anyone's intention. Extreme measures should be reasonably left for extreme cases. Unfortunately, the omissions, infringements, disrespects and serious misconducts of the Association in Brazil, of the mentioned officials and mainly of its judicial instances, as reported, are not at all settling. A member that represents a prestigious international organization like FIFA in Brazil, through absolutely incompatible actions, is causing serious distress, promoting discomfort among clubs, maliciously hiding serious violations practiced by its officials, breaking the most important neutrality, ethic and integrity principles established by FIFA, and, worst of all, risking the authority of national sports instances' decisions, a lack of ability that can compromise the whole stability of the sports system in the country, on the verge of extremely important events that will happen here. The Committees should take action, investigate, and prevent further harm. Along with this presentation, I am sending official transcripts of the documents that demonstrate the infringements, so as to provide your Ethics and Disciplinary Committees, whichever you may understand would more adequately analyze these issues, with sufficient evidence to eventually open proceedings, deepen investigations they might feel necessary, and take adequate measures, according to the development of the case. Yours, sincerely.

Cludio S. de Lucena Neto


Dean and Professor of Law Paraba State University - UEPB Center for Legal Studies - Campus I Private Law Department www.uepb.edu.br 157, Coronel Salvino de Figueiredo Street Downtown Zip Code 58.400-253 Campina Grande - PB - Brazil Fone/Fax: +55 83 3310 9753