STJD denies request for reconsideration by Flamengo to postpone the match against Palmeiras



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It seems that the telenovela of the match between Palmeiras and Flamengo this Sunday (27) is far from over. On Saturday night (26), the STJD (Superior Trinunal de Justiça Desportiva do Futebol) rejected Flamengo’s request for reconsideration to postpone the confrontation.

According to the STJD, there is nothing to reconsider to suspend the game. In the document, the agency says that according to the list of tests published by Flamengo of the nine new cases of coronavirus in the club, only one refers to a player of the group that would face Palmeiras.

However, at the present time, according to the decision of the Rio de Janeiro Regional Court, the game valid for the 12th day of the Brasileirão is suspended. The agency accepted the request from Sindiclubes, a union of club employees in the state. The request was accepted with the justification of preventing the spread of more professionals by the new coronavirus.

Verify, in its entirety, the decision of the STJD:

“Through a request received on the night of 09/25, the Clube de Regatas do Flamengo added to the file another 9 tests with a positive result for Coronavirus, thus requesting the reconsideration of the decision previously issued, which rejected its request for an injunction in Measure Without Name, in the sense of postponing the match scheduled for Sunday, against Palmeiras, valid for the 2020 Brazilian Championship.

Reported the indispensable, I decide.

There is nothing to reconsider.

By providing its information, the Brazilian Soccer Confederation added the list of Players registered by the Clube de Regatas do Flamengo, for the Brazilian Championship of Serie A 2020, now underway.

Comparing the aforementioned relationship with the new documents that instructed the petition that contains the request for reconsideration, it seems that of the 9 laboratory test results with a positive result for Coronavirus, only one refers to a Player belonging to that Squad.

To avoid doubts, see below the name of each person examined and their respective role in the Association:

1) Wagner Paulino Miranda – Goalkeeping coach;

2) Alex Ribeiro da Silva – Nurse;

3) Gustavo Monnerat Cahli – Physiologist;

4) Rodrigo Muniz Carvalho – Player NOT registered in the Brazilian Championship;

5) Diogo Lemos Valência da Silva – Director;

6) Sebastião Freire da Silva – Masseuse;

7) Gabriel Rodrigues Noga – Player NOT registered in the Brazilian Championship;

8) Julian Fimenez Serrano – Physical Trainer;

9) João Pedro Vilardi Pinto – ONLY Player registered in the Brazilian Championship.

Despite the unfortunate misfortune of Clube Carioca, now counting on one more embezzlement, it is seen, however, that his team continues to have a squad with more than 13 players, which, as already said, was the criteria established at the in light of the principles of reasonableness, and in line with international regulations, such as UEFA, to postpone matches.

Regarding the risk of contamination by third parties, it should be reiterated that the controversial decision to resume professional football activities in the midst of the Covid19 pandemic was widely studied and deliberated between the Maximum Sports Organization and the Clubs, as is public and notorious for the Football fans, among the Associations that have always pursued, as soon as possible, the return of the Championships, FLAMENGO himself has always held a leadership position.

And the Brazilian Football Confederation consulted the most recognized professionals, including, among them, the Head of the Medical Department of the Flamengo Regatas Club, Dr. Márico Tannure, to sign a Protocol previously approved, and in full force, from where Yes, there was no recommendation to suspend the activities of those clubs that find serial contamination in their squad, despite the fact that the hypothesis is absolutely expected and has unfortunately become common in times of pandemic.

Thus, the Applicant Club, which without taking an interest in it, never challenged the CBF Medical Protocol at a prior and appropriate time – on the contrary, it expressly signed it in the person of the Head of its Medical Department – cannot now claim that, in a preliminary position, and therefore superficial, to honor a Medical Opinion to the detriment of other scientific and collective works.

So it is because of the above, that INDEFIRO requested reconsideration ”, justified Otávio Noronha.

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