STJD indicates that it will maintain an injunction allowing the public at Flamengo x Grêmio – 13/09/2021

The president of the STJD, Otávio Noronha, indicated to CBF directors that, for the time being, he should not reconsider the injunction granted by him, which allows Flamengo to have an audience in the stadiums when it is principal in national competitions.

The posture — although not registered in a document — has a direct impact on the game on Wednesday (15), against Grêmio, for the Copa do Brasil, at Maracanã. As the rubro-negro has the injunction in its favor and the approval of the City of Rio, the current scenario is one of the presence of fans. Via the STJD advisers, Noronha stated that she will still analyze the request for reconsideration submitted by a block of Serie A clubs on Friday.

The STJD Plenum will still evaluate the merits of the issue in a collegiate body, probably on the 23rd. Therefore, this will not happen before Flamengo x Grêmio on Wednesday. Anyway, Noronha has the prerogative of, before that, reassess the initial decision.

But the UOL Sport found that in informal conversations with CBF leaders, the president of the STJD was concerned about credibility if he eventually changed his position. In similar monocratic decisions — in response to attacks on the injunction that Cruzeiro also has in its favor, along the same lines as Fla —, Noronha has rejected requests for reconsideration.

In the injunction that meets Flamengo’s request, Noronha wrote that the CBF has no prerogative to define whether the games will have an audience or not. By the argument, supported by a decision of the STF, the release must be regulated by the local authorities.

On Friday, the 17 clubs sent the STJD a writ of guarantee in which they asked for reconsideration of the injunction given to Fla. And the argument of the directors is that the Serie A technical council deliberated on the theme and, in collegiate, defined that there will be no public until all elite teams of Brasileirão have no approval from the local authorities. The most recent vote took place last Wednesday (8). It was at that same meeting that the clubs decided to try to overturn Fla’s injunction.

In relation specifically to the Copa do Brasil, another argument used by the CBF and the clubs in their contacts with the STJD cites aspects of the competition’s regulation. In the protocol published in July, which, according to the CBF, serves as an addendum to the technical operational guideline for competitions, the entity established the following: “In round-trip matches (matts), in case one of the clubs involved does not have authorization by the agency local restroom to receive the public at the stadium, both matches will not have a public”. This is the case of Flamengo x Grêmio, which on the way to Porto Alegre had empty stands.

CBF also cited the following example: “Club A from UF 1 has permission from the local health authority to receive a maximum audience of 20% of the stadium, while Club B from UF 2 does not have permission from the local health authority to receive public (0% in the event of a confrontation between the teams in round-trip knockout format, neither Club A nor Club B will be able to receive audiences in their respective stadiums.”

Flamengo maintains the optimism and schedule to have fans on Wednesday. The president of Grêmio, Romildo Bolzan, found the position of the president of the STJD strange, even for not having received any document or notification from the court.

“That being true, there are complicated things there. The first is to publicize your decision in advance. This sounds very strange,” said the leader.