The CBF Ethics Committee believes it is “impossible to affirm” that there was sexual harassment by the president who was removed from the organization, Rogério Caboclo, against the employee to whom he asked “do you masturbate?”. The decision, to which the ge had access, was taken by three members of the commission: Amilar Fernandes Alves, Marco Aurélio Klein and Carlos Renato Azevedo Ferreira
The conversation in which Caboclo asked questions about the employee’s intimate life was recorded by her and revealed by Fantastic on June 6th. The CBF Ethics Commission released the decision last Tuesday.
Hear audios of the complaint of harassment against Rogério Caboclo, removed from the presidency of the CBF
The three commission members dismissed the sexual harassment charge and suggested a 15-month suspension for inappropriate conduct., too bad it needs to be approved by the General Assembly, composed of the presidents of the 27 state federations. If this punishment is applied, Rogério Caboclo returns to the presidency of the CBF in September 2022, before his term ends in April 2023.
– It is impossible to say that there was sexual harassment – wrote the case’s rapporteur, Amilar Fernandes Alves, in the decision. His argument was accompanied by Marco Aurélio Klein and Carlos Renato Azevedo Ferreira, who is the president of the Ethics Committee.
Amilar Alves argued that “the complainant’s narrative can really lead to the understanding that there was sexual harassment, as some of the dialogues presented had a sexual connotation and the hierarchical superiority of the accused is more than clear”.
In addition to asking the employee if she masturbates, in the recorded conversation with the employee, Rogério Caboclo refers to the woman herself and at one point uses pimply terms to refer to Organs sexual organs: “She has her b… and I have my p…”. According to the employee’s complaint, Caboclo tried to force her to eat a dog biscuit, calling her a “bitch”, and exposed the victim’s personal life about alleged relationships.
Rogério Caboclo, president away from the CBF — Photo: Reproduction/Amazon Network
The case’s rapporteur at the Ethics Committee, Amilar Alves, preferred to give more weight to the opinions of jurists hired by Rogério Caboclo to de-characterize the allegations of sexual harassment.
– On the other hand, the defendant’s defense included opinions from renowned jurists, mostly with a vocation for Criminal Law, exposing, adducing and explaining the reasons why there is no sexual harassment. Therefore, we can find a dubious scenario, without the clarity and certainty that there was, or not, sexual harassment. Thus, it would be unreasonable to categorically state that the elements that characterize sexual harassment are present.
In another part of his vote, Alves concludes:
– Thus, substantiated in the testimonies, witnesses, and evidence brought to the file, it is impossible to affirm that there was sexual harassment.
Following the rapporteur’s vote, Marco Aurélio Klein wrote that “the complaint was sufficiently corroborated by audio and testimony”, and that he sees “actions that violated clear principles of dignity and personal and professional respect”. In his vote, however, Klein makes no mention of sexual harassment.
Carlos Renato Azevedo Ferreira classified the vote of rapporteur Amilar Alves as “imperfectable in terms of the correct framing of both the complaint and the defenses” and stated that he “completely” monitors its terms.
The decision of the CBF Ethics Committee caused a great reaction inside the entity’s building. Employees and former employees of the confederation told interlocutors that they felt disrespected and unprotected.
Members of the CBF General Assembly, the presidents of the 27 state federations were also surprised by what they considered a loose decision. They signed an open letter to Rogério Caboclo, in which they asked him to resign as president, but the leader discarded the hypothesis. In a statement, Caboclo also stated that “the rejection of the harassment charge is correct and expected”.
Another excerpt from the vote of rapporteur Amilar Alves, who was accompanied by the other two members of the Ethics Committee, dealt with the part of the complaint in which the CBF employee accuses Rogério Caboclo of consuming alcoholic beverages during working hours and on business trips.
In the complaint she filed, the employee stated that Caboclo worked “frequently under the influence of alcohol, starting to consume alcoholic beverages during working hours and in the presence of several employees.”
– Several times, Mr. Rogério Caboclo ordered me to place bottles of alcoholic beverages in the bathroom of his room and also to remove empty bottles, always with the intention of allowing him to consume alcoholic beverages within CBF.
In the statement she gave to the Ethics Committee, the employee said that during her business trips, she was advised to order bottles of wine from her own hotel account, so as not to enter the consumption on Caboclo’s account. She also presented cell phone screenshots with messages from the then president requesting drinks on trips, including some paid for by Conmebol.
A report from ge published on July 14th revealed that on at least 11 occasions between February 2020 and February 2021, Rogério Caboclo asked his personal assistant to provide bottles of wine at the entity’s headquarters or on business trips.
This information was discarded by Amilar Alves, rapporteur of the case at the Ethics Committee of the CBF, in his vote on Rogério Caboclo. He wrote:
– Once the classification and understanding of alcoholism as a disease has been verified, it is not possible and reasonable to apply any type of punishment to the accused for the facts narrated in the complaint.
Who are the members of the Ethics Committee
Amilar Fernandes Alves — Photo: Daniele Lira
Amilar Fernandes Alves, 31 years old. He was the rapporteur of the case. Lawyer, worked at CBF between 2009 and 2016.
Marco Aurélio Klein, when he was secretary of the Ministry of Sports — Photo: Reproduction SporTV
Marco Aurélio Klein, 70 years old. He was director of the São Paulo Football Federation when Rogério Caboclo was also director, both under Marco Polo Del Nero. He was National Secretary of the Brazilian Doping Control Authority (ABCD).
Carlos Renato Azevedo Ferreira, president of the CBF Ethics Committee — Photo: Martín Fernandez
Carlos Renato de Azevedo Ferreira, 74 years old. He is the president of the CBF Ethics Committee and retired judge of the São Paulo Court of Justice.
In total there are three women who claim to have been harassed by Rogério Caboclo. The three cases were revealed by the ge. The leader denies all charges.
On June 4th, an employee accused him of sexual harassment and moral harassment. The second case was revealed on August 9, when a former employee, in testimony to the Public Ministry, claimed to have been harassed. The third case was published on August 20, and also included assault charges.. The opinion of the Ethics Committee concerns only the first complaint.
Two days after the first complaint, on June 6, Caboclo was removed from the presidency of the CBF for 30 days, by determination of the Football Ethics Commission. At the time, the organization informed that the process would continue in secrecy. On July 3, the Commission renewed Caboclo’s leave of absence for 60 days, until the end of the investigation, whose opinion was released on Tuesday.
Note from Rogério Caboclo on the Ethics Committee’s decision
“I calmly receive the decision of the Football Ethics Commission. The rejection of the harassment charge is correct and was expected, since I never committed this act and my defense proved my innocence. This decision shows how illegal and hasty the decision was from the same commission to remove me from office before making room for me to defend myself.
The leave for another 12 months, in turn, is unfair and illegal. This is another chapter in the frame of former president Marco Polo Del Nero, banned from football for corruption, to get me out of the CBF and reassume control of the entity through his allies. My defense will appeal in appropriate instances against this punishment.”