In addition to the request of the 17 clubs, the STJD now also has in its hands a request from the CBF to completely overthrow or apply a suspensive effect to the injunction granted to Flamengo that authorizes the presence of the public in the rubro-negro games as principal. The appeal was filed today (15) in the afternoon and must be analyzed by the auditor Felipe Bevilacqua, rapporteur of the process in the Plenary of the STJD.
The CBF cites verbatim that the request is intended to “avoid the suspension of the round of the next weekend of the Brazilian Series A Championship”, as promised by the clubs and an agreement unanimously approved by the technical council on September 8th.
The fact that Flamengo says that it will use the injunction in force to make the public “fately will culminate in the suspension of the 21st round of the Brazilian Championship, if the suspensive effect is not attributed”, emphasizes the entity.
The CBF also asks that, if the auditor’s monocratic decision maintains the injunction, that at least the merits of the matter — the presence of the public at Fla games — be subject to the deliberation of the Serie A technical council. there was a consensus among the other 19 elite participants that the presence of fans should only be allowed if there is approval from the authorities in all squares. Which is not the case at the moment. In São Paulo, for example, the government warned that it will only give permission in November.
CBF’s appeal took place on the same day that the Grêmio president, Romildo Bolzan, met with the entity’s acting president, Ednaldo Rodrigues. The gremistas are opponents of Flamengo today, for the quarterfinals of the Copa do Brasil, and Sunday, for the Brasileirão.
In the document sent to the STJD, to which the UOL Sport had access, the CBF points out the legal understanding that “the collegiate decisions of the technical council prevail to the detriment of individualities and different sanitary conditions of each location”. The organization also says that the injunction materializes “legal uncertainty and imminent imbalance in the main competition in Brazilian football”.
Yesterday, the president of the STJD, Otávio Noronha, rejected the request for reconsideration of the injunction. Today, the appeals from the CBF arrived because the case was distributed to the full court, with a report defined for Felipe Bevilacqua and the appointment of the judgment on the merits by the collegiate in a session scheduled for the 23rd.
Atlético-MG has an injunction of the same nature as Flamengo’s, allowing the club to have fans in the stadium. In a statement released today, the leader of the Brasileirão stated that, if the red-black team makes it public at the weekend, “it will make use of the same prerogative and will also have fans in its home matches. The decision is based on the fact that the Flamengo is a direct competitor of Galo to the title of the competition and, therefore, they must enjoy the same conditions”.