Training Rights in Brazil: The Pelé Law, the 6% of Solidarity and the Right of Preference
By Futbol CV| Series: Training Rights in Football
This article is part of ourGlobal Guide to Training Rights in Football. Here we analyze the Brazilian system — probably the most protective in the world for training clubs.
Brazil is, by volume and sophistication, the country with the most favorable training rights system for training clubs. The Brazilian legal framework not only exceeds the FIFA system in percentages and scope, but also includes mechanisms with no equivalent in any other country, such as the right of preference and compensation for non-consensual training that can reach 200 times the proven expenses.
Legal framework: three overlapping laws
The Brazilian system is built on three main norms:
- Lei Pelé(Law 9,615/1998): The founding law of Brazilian sports, which established the general framework.
- Lei 12.395/2011: Substantial reform that introduced the Training Club Certificate (CCF) and reinforced the rights of training clubs.
- Lei Geral do Esporte(Law 14,597/2023): The most recent norm, which consolidated and updated the entire sports legal framework, expanding the domestic solidarity mechanism to 6%.
The first professional contract: exclusive right of the training club
Article 29 of the Pelé Law grants the certified training club aexclusive rightto sign the player's first professional contract from the16 years, with a maximum duration of5 years(until the player turns 21).
If the playerrefusesto sign with the training club, or if another club hires him without the authorization of the trainer, the most severe compensation in the world comes into play: the new club must pay compensation of up to200 times the proven training costs. This mechanism does not exist in any other country and works as a powerful deterrent against the "theft" of youth talents.
To access this exclusive right, the club must possess theTraining Club Certificate (CCF), which certifies that it meets minimum standards of infrastructure, technical personnel, education and medical assistance for players in training.
Brazilian solidarity mechanism: 6% (vs. 5% from FIFA)
The Lei Geral do Esporte (2023) expanded the domestic solidarity mechanism toup to 6%of the transfer value, distributed as follows:
| Age | Percentage per year |
|---|---|
| 12-13 years | 0,50% |
| 14-17 years | 1,00% |
| 18-19 years | 0,50% |
This generates a total potential of 6% for a player trained entirely in a single club. Compared to FIFA's 5%, the Brazilian system is more generous and — crucially — places more weight on ages 14-17, which is the most intensive and expensive training period.
Accumulation with FIFA
In international transfers, both mechanisms can be applied simultaneously: 5% FIFA solidaritymore6% of Brazilian domestic solidarity. This generates a11% combineddiscounted to the selling club, distributed among the training clubs. In practice, this makes Brazilian training clubs the biggest beneficiaries of the global solidarity system.
Example: Neymar case
When Neymar was transferred from Santos FC to Barcelona (and then to PSG), Santos received approximatelyR$ 34 millionfor the solidarity mechanism. Each subsequent transfer by Neymar throughout his professional career generates additional payments for Santos as a training club.
Right of preference
A unique mechanism in Brazil: when a club wants to hire a player who was trained by another club and whose contract is about to expire, it mustformally communicate the conditions of the offerto the training club. This has a term of15 daysto match the proposal and retain the player.
If the training club matches the offer, the player must remain. If he does not match it or does not respond within the deadline, the player is free to accept the other club's offer — but in that case the training compensation mechanisms are also activated.
Training compensation (compensação por formação)
In addition to the solidarity mechanism, Brazil has a training compensation system that is activated when a player signs his first professional contract with a club other than the trainer, or when he is transferred before the age of 23.
Requirements
To access training compensation (as opposed to solidarity), the clubdoes needthe Training Club Certificate (CCF). This certificate must be valid during the period in which the player was trained.
Calculation
It is based on theproven training costsmultiplied by a factor that varies according to the applicable regulations. The CNRD of the CBF has established parameters and precedents over the years to standardize the calculation.
The CNRD and Brazilian jurisprudence
TheNational Dispute Resolution Chamber (CNRD)of the CBF is the body that resolves disputes over training rights at the domestic level. Has produced relevant jurisprudence:
CCF is not necessary for solidarity:The CNRD established that to receive payments through the solidarity mechanism, it is enough toathlete passport(sports registration), without the need for a Training Club Certificate. The CCF is only required for training compensation itself.
Bridge transfers:The CNRD has been strict with "bridge transfers" — maneuvers where a player is transferred to a third intermediary club at a low price and then sold to the real destination at a market price, thus reducing the basis for calculating solidarity. The CNRD can look at the economic substance of the operation and recalculate the real value.
CAS Case: Atlético Mineiro v. Venezia (CAS 2003/O/560)
At the international level, this CAS case established precedents for how compensation is calculated when a Brazilian-trained player is transferred between clubs in different confederations. The court confirmed that training costs must be calculated according to the standards of the country where the training occurred.
The Lei Geral do Esporte (2023): recent changes
The new General Sports Law, in force since 2023, consolidated several reforms:
- Confirmed the 6% domestic solidarity mechanism.
- Maintained the exclusive right to the first contract for clubs with CCF.
- Reinforced the obligations of training clubs in terms of education and comprehensive assistance to youth players.
- Created a clearer framework for dispute resolution through the CNRD.
Comparison Brazil vs. FIFA vs. Argentina
| Appearance | Brazil | FIFA | Argentina |
|---|---|---|---|
| Solidarity | 6% | 5% | 5% (Law 27,211) |
| Period | 12-19 years (solidarity) | 12-23 years | 9-18 years (Law), 12-21 (AFA) |
| Right of preference | ✅ Yes (15 days) | ❌ No | ❌ No |
| Maximum compensation | 200× verified expenses | Training cost × years | 5% of the contract/transfer |
| Trainer certification | CCF mandatory for compensation | Does not require | Does not require |
| Normative range | Federal law | FIFA Regulations | National law + AFA regulation |
Why the Brazilian system is a model
Brazil demonstrates that the combination ofstrong federal legislation + percentages higher than the FIFA standard + unique mechanisms such as the right of first refusalgenerates an ecosystem where training clubs can financially support their talent development operations.
The export volume of Brazilian players — the highest in the world — makes the solidarity mechanism a significant and recurring source of income for training clubs of all categories, from large ones to small inland clubs.
→ Return to the Global Guide to Training Rights
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