Mandante MP is not voted in Congress and loses validity – 10/15/2020

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Provisional Measure 984, which changed the rules on broadcasting rights for football matches, lost its validity today. The “Mandante MP” was not considered in the National Congress and was not even voted.

Signed on June 18 by President Jair Bolsonaro after the articulation of Flamengo, the Provisional Measure “lapses” and gives way again to Lei Pelé, which distributes the “right of the arena” between the home club and the visiting team.

In this way, TV or radio stations interested in showing a certain game again have to negotiate with the two clubs involved. MP 984 determined that the right to display the match belonged exclusively to the principal and provided for negotiation with both teams only if there was uncertainty regarding the owner of the match.

The text that changed the Pelé Law caused a series of disputes between Flamengo, Rede Globo and Turner behind the scenes. The Rio de Janeiro broadcaster even filed a preliminary injunction to prevent TNT from showing Brazilian Championship games from clubs with which it did not have a contract. It is worth remembering that the MP determined that the viewing right was exclusively of the principal and did not require that the clubs involved have an agreement with the same broadcaster.

Several clubs, including Serie A members, made a manifesto in support of MP. In the text, it was argued that fans would benefit from ending game blackouts and would also increase broadcast revenues. Among the Serie A teams, only Grêmio, Fluminense, Botafogo and São Paulo were not in favor of the Provisional Measure.

Despite the refusal, deputies proposed bills as an alternative to the “Mandante MP”. Deputy André Figueiredo (PDT-CE) presented PL 4,876, which reproduces part of the text of the MP. The initiative also proposes that the right to negotiate the transmission of the match belongs exclusively to the home team.

In addition, Congressman Pedro Paulo Carvalho (DEM-RJ) suggested an amendment that wants the creation of a football league to dispute the national championships from 2022. This league would help negotiate the broadcast rights of the Brazilian Championship with the communication companies interested in buying them in Brazil and would end the individual negotiation.

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