In a meeting this Wednesday (8), the 19 Serie A clubs decided to go to the STJD to try to overturn the injunction that gives Flamengo the right to have an audience in the stadium. And they asked the CBF to postpone rounds of the Brazilian Nationals if the Rio team can receive supporters. The teams’ offensive, however, collides with Globo and WarnerMedia, holders of the competition rights. The Rio station evaluates that there would be a considerable loss to run out of games to broadcast.
At the beginning, let us remember that the clubs agreed in the Technical Council, at the beginning of the year, that there would only be a return of the public with all states released. This was included in a medical protocol attached to the Brazilian Serie A regulation.
Without acknowledging the decision, Flamengo went to the STJD in August to ask for an injunction to play with the public independently of other states. The president of the organization, Otávio Noronha, agreed with the club, and with Atlético-MG and Cruzeiro, who entered with equal measures.
CBF had rejected an appeal against Cruzeiro. It filed a lawsuit to overturn the measure in favor of Flamengo, but this procedure has been stopped for a month. There has been no meeting of the STJD full to decide the issue since the beginning of August. And the president of the STJD didn’t even respond.
The imbroglio broke out now because Flamengo obtained authorization from the city of Rio to have audiences in their games in the city. There is a forecast of percentage of fans in two matches against Grêmio, and one against Barcelona, by Libertadores.
It is not clear, therefore, if there will be enough time for the STJD to decide the matter in 10 days, before the round in which Flamengo plays at home against Grêmio, for the Brazilian.
And, if there is no overturning of the injunction, the 19 Serie A clubs asked for the postponement of the round of the Brazilian Nationals. It is the CBF, legally, who has the prerogative to make this decision. In a note, the entity made it clear that the decision is not simple:
“Finally, the clubs unanimously expressed that they will plead with the CBF to suspend competition rounds in which clubs signal with the use of an injunction to have audiences in the stadiums. The CBF will legally analyze the issue, as it interferes in the sphere of the right of third-party purchasers of commercial properties of the competition.”
An explanation: postponing the round means leaving Globo and WarnerMedia, holders of the Brazilian rights, a weekend without the games they paid for. The issue is seen as complicated and a loss by Globo.
These are the clubs that signed rights sales contracts with the two broadcasters. They are therefore contractually responsible for delivering the games in exchange for payments. There may be contractual impact on the decision.
Wanted, Flamengo did not comment. The club’s board decided to adopt the position of waiting and seeing what will happen in the STJD and if there will be any postponement of the round. For now, the rubro-negros have in their favor the decision of the sports court to receive the public.