In 2021, the Superior Labor Court (TST) in Brazil recognized the right of a player from Ceará Sporting Club, who suffered a knee injury, to provisional job stability and ordered his reinstatement. Based on evidence, the presiding judge concluded that the athlete was incapacitated at the end of his contract due to a typical workplace accident.

Despite ongoing debates, the TST, through Precedent 378, consolidated the understanding that the guarantee of provisional job security is valid in such cases. Thus, it supports the decision that reaffirmed the protection of the injured athlete, considering that professional football players are not ordinary workers.

The General Sports Law, in alignment with the Pelé Law, regulates these contracts, which are supplemented by labor and social security regulations.

Social security legislation also applies to workplace accidents in sports. Clubs must notify Social Security of accidents, issue the CAT (Workplace Accident Report), and fulfill contractual obligations during the first 15 days of leave. After this period, the INSS assumes responsibility for benefit payments, which does not exempt the club from civil liability.

The Pelé Law requires clubs to secure life and personal accident insurance for athletes, with minimum indemnity equivalent to one year’s salary. Additionally, clubs must cover medical and hospital expenses until the insurer processes the claim.

However, the law does not provide penalties for clubs that fail to meet this obligation. The club is liable for indemnity equivalent to the athlete’s annual salary, as established by the Civil Code, constituting an omission and an unlawful act.                                                                                                                                  

Dr. Thiago Elias, Attorney at FFA São Paulo