The repeated and recurring requests of Jiu-Jitsu coaches to join as members of the official Brazilian Jiu-Jitsu Association were not deliberated by it at all throughout the years that have passed since they were first submitted.
The Court accepted the coaches' motion to be registered as members of the association due to the breach of duties applicable to the association as a dual-natured (hybrid) entity). An official sports association, which receives a significant portion of its funding from public sources and performs a role of a public nature, constitutes a "dual-natured entity.” Such an entity is subject, inter alia, to obligations under public law, including the duties to act with reasonableness, fairness, equality, and without arbitrariness, based solely on relevant considerations, with transparency, and in accordance with the rules of natural justice. Here a series of cases in which the association’s executive committee - instead of fulfilling its obligations to consider only relevant factors for each membership application and to act reasonably and transparently while upholding the rules of natural justice - chose not to deliberate on the submitted applications for years. Furthermore, the association had no intention of bringing these requests for review, thus breaching its public law obligations. Consequently, the coaches are to be registered as members of the association.