Court injunction suspends four Corinthians election rules | OneFootball

The court ordered the suspension of four points of the Electoral Regulations that set the rules for Corinthians’ presidential election, scheduled for November 28. The decision was made after a lawsuit filed three days ago by João de Oliveira, a club member and lawyer for André Luiz de Oliveira, known as André Negão, a lifetime council member and pre-candidate for the black-and-white club’s presidency.

The injunction was granted this Friday by Judge Renan Augusto Jacó Mota of the 5th Civil Court of the Tatuapé Regional Forum. Of the five requests presented by the plaintiff, four were granted by the judge and will have no effect until there is a final ruling on the case.

Photo: Disclosure/Corinthians

Among the points challenged was Article 5 of the Electoral Regulations, which established the charging of a fee intended for the creation of a Special Emergency Electoral Fund. For the judge, although the Electoral Commission has the authority to organize and conduct the election, it is not up to the body to establish a new financial obligation as a condition for members to exercise their political rights, especially since this requirement is not expressly provided for in Corinthians’ bylaws. Thus, the charge was halted by court order.

The requirement for prior registration with facial biometrics was also suspended. The decision prevents the club from restricting the voting rights of members who have not completed re-registration or facial recognition. Therefore, those who do not take part in this procedure in advance may attend the election and vote by presenting an official photo ID.

Another point of the decision involves the slates’ access to the list of members eligible to vote. The judge determined that Corinthians must make the full list of eligible voters available to duly registered candidacies, suspending the application of Article 16 of the Electoral Regulations, which prohibited the disclosure of this information on the grounds of compliance with the General Data Protection Law (LGPD).

In the assessment presented in the injunction, data protection legislation could not serve as an absolute basis to prevent the slates from accessing the information necessary for the electoral process. At the same time, the judge established that only the essential registration data must be provided, while preserving information considered sensitive.

The rules set out in Article 18 of the Electoral Regulations and in the Joint Notice published in July by Corinthians’ internal bodies were also suspended. These provisions created restrictions on the settlement of membership debts and, in practice, prevented family members or other people from paying financial dues on behalf of members, requiring in-person attendance at Parque São Jorge.

According to the judge’s understanding, any situations involving a possible vote-buying scheme must be analyzed individually. In the view presented in the decision, it would not be appropriate to presume irregularity in all payments made by third parties and, based on that, create a general prohibition that also covers legitimate situations, such as the payment of debts by family members.

The only request rejected in the injunction was the one seeking to suspend Article 15 of the Electoral Regulations, a provision related to penalties for possible irregularities committed during the electoral process.

In this case, the judge considered that the Electoral Commission has statutory backing to analyze objections and incidents related to the election. According to the decision, the rule itself provides that the facts be investigated within a procedure that ensures adversarial proceedings, the right to defense, and individual accountability for anyone who may have committed any irregularity.

The decision is preliminary in nature and does not end the case. The lawsuit will continue until the merits are definitively analyzed. In the meantime, however, the four provisions suspended by the court may not be used in Corinthians’ presidential election scheduled for November 28.

In addition to André Negão, the current field of pre-candidates includes José Augusto Mendes, André Castro, Rozallah Santoro, and Sérgio Janikian. The period for the official registration of candidacies began this Friday.

This article was translated into English by Artificial Intelligence. You can read the original version in 🇧🇷 here.