The Superior Court of Sports Justice (STJD) concluded the investigation into the alleged case of racism in which Rafael Ramos, from Corinthians, would have practiced against Edenilson, from Internacional. The investigation’s auditor, Paulo Sérgio Feuz, decided to forward the complaint against the Timão player to the Prosecutor’s Office.
According to Paulo Sérgio Feuz, strong indications of racial offenses practiced by the defender against the Inter midfielder were found, which led the auditor to file a complaint against the Corinthians athlete based on article 243-G of the Brazilian Sports Justice Code (CBJD). ).
The article in which Rafael Ramos was framed deals with punishing the “practice of a discriminatory, contemptuous or outrageous act, related to prejudice due to ethnic origin, race, sex, color, age, condition of elderly person or person with a disability”.
If found guilty, the Corinthians athlete can be suspended from five to 10 matches, in addition to a fine that can range from R$100 to R$100,000.
The lip expertise hired by the STJD to contribute to the evidence set of the investigation contradicts the conclusion of the Instituto Geral de Perícias (IGP), which released a note on June 8 stating that it had not identified what the Corinthians right-back said to midfielder Edenílson. The expertise of the IGP had been commissioned by the Civil Police of Rio Grande do Sul, which is investigating the case.
Even so, delegate Roberto Sahagoff, from the Rio Grande do Sul Police and responsible for investigating the case of alleged racial slur, stated that he would indict the Corinthians player for the crime of racial slur.
In the match valid for the sixth round of the Brasileirão, Rafael Ramos was arrested in the act for the crime of racial slur, based on the summary of the match, where referee Bráulio da Silva Machado reports Edenílson’s accusation, but admits not having heard. The game between Internacional and Corinthians ended in a 2-2 draw.
The Portuguese athlete had to pay R$ 10,000 in bail to be released at the opportunity. If the injury is proven, the penalty ranges from one to three years of imprisonment in addition to a fine that has no value specified in article 20 of Law 7,716/89, which provides for the subject.
SEE THE FULL STJD DECISION
“The STJD, as a adjudicating body, is limited to analyzing, prosecuting and judging, within its competence and attribution, independently, matters relating to disputed sports competitions and disciplinary infractions committed by natural or legal persons mentioned in article 1. , paragraph 1, of the CBJD, as recommended by articles 3, I and 24, of the aforementioned sports diploma.
As is well known, the investigation in the sports sphere aims to determine the existence of a disciplinary infraction and determine its authorship, for subsequent initiation of appropriate action (art.81, of the CBJD).
Therefore, the investigation serves to seek the elements that evidence the alleged practice of disciplinary infraction and its authorship, not fitting in this area any summary of guilt, that is, its purpose is limited to investigating the practice of the capitulated sports infraction.
In the present case, there is an alleged discriminatory act, capitulated in article 243-G, of the CBJD, which is to practice a discriminatory, contemptuous or outrageous act, related to prejudice due to ethnic origin, race, sex, color, age , condition of elderly or disabled person.
The sports investigation records must be accompanied by pieces and information that effectively demonstrate the practice of a sports disciplinary infraction.
The set of evidence prepared in this investigation, and especially the Lab Test hired by this Honorable Court, showed that there is strong evidence of racial offenses coming from the athlete RAFAEL ANTÔNIO FGUEIREDO RAMOS from the Sport Club Corinthians Paulista team, directed to the athlete EDENÍLSON ANDRADE DOS SANTOS , from the Sport Club Internacional team, which took place in the match held on 05.14.2022, valid for the Brazilian Championship – Serie A, between the Internacional (RS) and Corinthians (SP) teams.
It is important to emphasize that, in the investigation phase, this Processing Auditor is not responsible for analyzing cases of exclusion of responsibility, contestation of reports, a fact that is the responsibility of the Judging Auditors, after the competent Complaint to be proposed by the learned Sports Attorney’s Office.
Therefore, there is no alternative for the conclusion of the present investigation other than the determination of Sporting Liability through due legal process, an occasion that will give the parties the opportunity to defend their theses, present new evidence, appoint technical assistants and determine eventual exclusions of responsibility and mitigating and or aggravating factors of the infringing fact.
Racial intolerance is harmful and affects the Dignity of the Human Person, much greater protected in the Federation Constitution of 1988 and, especially in the present case of the athlete EDENÍLSON ANDRADE DOS SANTOS.
We also highlight that in January 2022, Decree 10,932/22 was edited by the President of the Republic which promulgated the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance, signed by Brazil on June 5, 2013, and applicable from cogent manner to the present case.
In view of the foregoing and considering the set of probative elements capable of characterizing the practice of the sports infraction capitulated in article 243-G, caput, of the CBJD, and the present investigation must be sent to the Sports Attorney General, for the measures of complaint to the athlete RAFAEL ANTÔNIO FIGUEIREDO RAMOS, pursuant to article 82, paragraph 3, of the CBJD”.