Da ilicitude do patrocínio de empresas públicas federais a clubes de futebol

Abstract

The sports sponsorship contracts have been widely used by businesses as effective promotional vehicle advertising, in Brazil, they are especially related to football, due to the immense popularity that this sport has in the national culture. Besides attracting the private sector companies, sponsorship linked to that category, which are conceptualized as a donation of funds to national football clubs in exchange for disclosure of the sponsoring brand, they also reaches the public sector enterprises, which induces questions about the possibility of make this contracts by such entities. It is common to be reported that state-owned companies have invested resources in these contracts, under the pretext of seeking greater disclosure of their images in the economic market. Is that while, in despite of the public companies have contractual freedom as private companies, their subjection to administrative rules entails limitations to public managers, especially when taking into account that such institutions are composed entirely of public capital, calling for more caution in the performance of marketing campaigns, which can bring risks to citizens. Moreover, according to constitutional law, the state should encourage the development of sports by encouraging priority to educational modality, classification that football clubs are not fit. So, as public companies are state representations, they also demand respect to such assumption, and must therefore reserve the funds for the public sponsorship projects to sport categories which are less developed, not for those that are professional, as national football clubs. Moreover, in the case of federal public enterprises, it is expected that such entities carry advertising that promotes national identity of the brand, because they belong to all Brazilians, situation that are not respect in that case, which certain football clubs receives the public sponsorship and promoter an association of the image of public enterprises with only a portion of society, represented by the fans of the team sponsored. This time, it is proposed the idea that such sponsorships offend, on a general basis, the duty principles of impartiality, morality and efficiency, and compromise, potentially, the scope of administrative activity, given that it is not always possible to identify the public interest that motivated the act, allowing the recognition of the illegality of these contracts.