Post by account_disabled on Mar 13, 2024 0:46:36 GMT -5
Applying new law rules to a contract in force does not violate a perfect legal act if the effects are restricted to future acts. With this understanding, the 3rd Civil Court of Rio de Janeiro denied, this Monday (10/8), Grupo Globo's request for an injunction so that the channels Esporte Interativo, TNT and Space (represented by the groups Topsports and Turner International) were prevented from broadcasting games from the 2020 Brazilian Championship.
Globo does not have exclusivity to broadcast Brazilian Championship games
In the decision, judge Priscila Miranda Botelho da Ponte highlighted that, after the publication and entry into force of Provisional Measure 984/2020, published in June this year, article 42 of the Pelé Law (Law 9.615/1998), on transmission of images of sporting events, has been changed. Now, the exclusive right to the arena belongs to the club hosting the match, and no longer to the participants jointly.
"The non-retroactivity of the new law on B2B Lead acts already carried out and with exhausted effects (such as the 2019 Brazilian Championship) is not discussed, however the new law will have general and immediate effectiveness regarding the pending and future effects of the acts celebrated, even if during the validity of the previous law, as these have not yet been exhausted, which is why they do not fall into the category of perfect legal act. In view of the above, this is not a violation of the perfect legal act, but the immediate and general application of the new law to the pending effects and future of the celebrated act", assessed the judge.
Globo claimed that it exclusively acquired the broadcasting rights for the Brasileirão matches played by Atlético-GO, Atlético-MG, Botafogo, Corinthians, Flamengo, Fluminense, Goiás, Grêmio, São Paulo, Sport and Vasco until 2024 and that MP 984 /2020 cannot be retroactive, canceling contracts already signed before the rule.
Also according to the judge, Grupo Globo will have exclusivity on open TV and pay-per-view , as in these broadcasting media it has contracted with all teams, with the exception of Bragantino. "Unlike the scenario that permeated the Carioca Championship, in the Brazilian Championship, Grupo Globo has an exclusive contract with 19 of the 20 clubs for broadcast on open TV and pay-per-view , with the discussion being restricted to broadcast on closed TV", highlighted.
According to the new legislation, the Turner group's channels will be able to broadcast, exclusively, matches in which Athletico-PR, Bahia, Ceará, Coritiba, Fortaleza, Internacional, Palmeiras and Santos are the hosts, even if the visiting club has a contract exclusive with Globo. On the other hand, Grupo Globo channels will be able to show, on closed TV, the games of Atlético-GO, Atlético-MG, Botafogo, Corinthians, Flamengo, Fluminense, Goiás, Grêmio, São Paulo, Sport and Vasco, as long as they are the home team, regardless of the visiting opponent.