With the presence of fans, which can happen in the STJD with Flamengo and Grêmio – 14/09/2021

By Gabriel Coccitrone

This Monday (13), the president of the STJD (Superior Court of Sports Justice), Otávio Noronha, said that there is no date to analyze the request of the 17 clubs that dispute the Brasileirão to suspend the injunction favorable to Flamengo to play games with the presence of the public when it is the principal. Thus, Rubro-Negro will be able to receive fans in the match next Wednesday, against Grêmio, for the Copa do Brasil, at Maracanã.

Now, we have to wait for the next steps. Grêmio had threatened not to take the field if there was a public, alleging lack of equality, since there was no public in the first game. However, the club from Rio Grande do Sul has reconsidered its position in recent days and guarantees that it will play.

Vinicius Loureiro, lawyer specializing in sports law and columnist for the Law in the Field, emphasizes that this is an extremely complex case, which can “even surpass the instances of the Sports Justice”, and explains what can happen.

“If Grêmio enters the field, I see little chance of a subsequent elimination of Flamengo. Even if the club is clearly not complying with the regulations, the tendency is that with the completion of the match, the court will make the Pro Competitione’s thesis prevail. the interpretation that the maintenance of a result obtained with the non-compliance with the regulation protects competition, but there is a history pointing in this direction”, he says.

If Tricolor decides not to take the field, Flamengo could be held responsible, with punishments ranging from WO to elimination.

“If Grêmio does not enter the field due to the presence of the fans, even if the club is absent from Rio Grande do Sul, it will be Rubro Negro that will have caused the non-performance of the match, by selling tickets and allowing the presence of fans. In this case, the WO should be applied to the team from Rio de Janeiro”, explains Vinicius.

Fernanda Soares, lawyer specializing in sports law and columnist for the Law in the Field, sees no possibility of punishment, since the club is legally backed by the injunction in the STJD.

“This injunction is a decision of the President of the Court, therefore monocratic (decision made by one person). The Plenary will still analyze the issue and we will have a collegiate position of the Court. Anyway, I reiterate, from a strictly technical point of view (legal ), Flamengo is not in disagreement because of the injunction. The discussion that should be made is whether the injunction should have been granted, since there is an agreement between the clubs”, he ponders.

Andrei Kampff, journalist, lawyer specializing in sports law and columnist at UOL, follows Fernanda’s line and says that ‘Flamengo today is supported by a decision by the Sports Court, a body with constitutional competence to decide on matters relating to competition. Even though Grêmio has several elements that justify its understanding, fair play, equality and regulation, the legitimate path, in addition to political pressure, is to change the understanding of the STJD”.

Even against the wishes of the CBF and the clubs that dispute the Brasileirão, Flamengo got an injunction from the STJD to play with fans. Rubro-Negro has authorization from the City of Rio de Janeiro to conduct three games as test events.

Last Friday (10), 17 clubs from Brasileirão sent the STJD a warrant to request reconsideration of the injunction granted to Flamengo or to anticipate the judgment of the action filed by the Rio team, scheduled for the 23rd of this month.

However, the president of the STJD declared that there is no exact date to analyze the case and that, for now, the process “will follow its normal rite within the court”.

In an interview with ESPN, Grêmio president Romildo Bolzan criticized Otávio Noronha and made fun of the situation.

“With the early judgment and publicized by the president (of the STJD), it would be better to annul the collective instances of the clubs within the technical councils, as they are worth nothing. Everything is very strange,” he declared.

Flamengo defeated Grêmio 4-0 in the first leg, in Porto Alegre. The return game takes place next Wednesday (15), at 9:30 pm (GMT), at Maracanã.

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