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By Gabriel Coccetrone
On the eve of the match against Internacional, scheduled for next Saturday, at 4:30 p.m., in Vila Belmiro, for the Brazilian Championship, Santos is experiencing an outbreak of Covid-19 in its squad. The club confirmed last night (11) an update of the cases. In total there are 19 contaminated in men’s soccer, ten players and nine members of the coaching staff, while in women the situation is even more serious, with 22 cases counted. The club has already said that it will ask the sports field to postpone the game.
The scenario is similar to that faced by Flamengo at the end of September, in which the Gávea club sought in any way in the courts a preliminary order to postpone the match against Palmeiras.
“The most reasonable and sensible thing would be for CBF to postpone the game considering that Santos does not have enough staff to enter the field. If he stays with the game, the club will have to urgently enter the STJD to postpone the game. The scenario can always be repeated . It will depend on the initiative of those involved and the Public Ministry of Labor. If they act in the Labor Court, nothing guarantees that there will be a decision like the previous one, “evaluated Theotonio Chermont, a lawyer specializing in sports law.
“As sport outside the bubble is infinitely more exposed to Covid cycles, legal problems also increase. We may have a situation similar to that of Palmeiras x Flamengo”, completes the lawyer specialized in sports law Paulo Schmitt.
The author of this blog, lawyer specializing in sports law and journalist, Andrei Kampff says that “the important thing is Sports Justice to understand that sport also carries all constitutional protections, including to guarantee the autonomy it has in relation to the organization of the championship. If someone feels unprotected in relation to fundamental rights, they will look to the State and what happened in the match between Palmeiras and Flamengo can be repeated ”.
At that time, Flamengo asked the Superior Court of Sports Justice (STJD) to postpone the match against Palmeiras, but the request was rejected. Subsequently, a series of lawsuits started a great mess, with the participation of unions in Rio de Janeiro and different instances of Justice. The case was only resolved with the final decision of the Superior Labor Court (TST) favorable to the holding of the match.
For the lawyer specialized in sports law, Higor Maffei Bellini, the Public Ministry of Labor must intervene in this case, since protecting occupational health and inspecting the work environment are its basic functions.
“We can live in a similar situation. The union acts to protect the health of the Santos athletes, due to the lack of conditions to enter the field. I understand that the Public Ministry of Labor must act ex officio, without the provocation of any of the Parties, asking the Labor Court for a court order to suspend the game. The legal principle of prevention can be used due to the risk to the health of the athletes of both teams, “said Higor.
“I do not see the competence of the Public Ministry of Labor to intervene in competitions, since it conflicts with the autonomy of governing bodies and sports associations, in terms of their organization and operation (Art. 217 of CF / 88). The MPT does have competence as an inspector of the law to defend the interests of athletes in matters related to the employment relationship and alleged breaches of labor precepts, including those related to health ”, assesses Chermont.
Andrei Kampff goes along the same lines: “the Labor Court has competence to protect the employee and determine that he does not enter the field. Now, the postponement of the exit would be the competence of the Sports Justice, even by constitutional force.”
Together with the protocols established by the Brazilian Soccer Confederation (CBF), the number of 13 healthy players, together with the 20 Serie A clubs that compete in the Brazilian Championship, was defined as the minimum necessary to play a match. To prevent matches from being postponed due to Covid-19, the Brazilian entity also increased the number of registered players from 40 to 50.
“The CBF protocols cannot overlap the health of the worker, who has the right to go to and return from work without exposing his health, to risky conditions for which he was not hired. No soccer athlete is paid for exposing himself to the risk of health contamination ”, Higor evaluated.
Lawyer Paulo Schmitt evaluated the risk that the Brazilian Championship is held with the current protocols and how it affects the integrity of the competition.
Our studies indicate that sport ‘outside the bubble’ is quite risky. We made several projections that indicate that constant displacements are very worrying. The complexity of traveling to matches finds an environment conducive to Covid. It is a championship condemned to cycles of disease, undermining integrity and that can be at the mercy of decisions off the field on sports or ordinary fields, “said Schmitt.
The club is in charge of fighting for the preservation of health, asking that all these matches be postponed, while its squad is contaminated, the club must ensure that there is no deterioration in the state of health, under pain of civil liability for the deterioration Of the health. image, “added Higor.
The situation of the Santos women’s team is worrying, and led the club to request the postponement of the match against São José, scheduled for this Wednesday (11), at 3:00 p.m., at the Ulrico Mursa stadium, valid for the last day from the first. phase of the Paulista Championship.
Wanted for Field lawThe STJD advisor said that he has not received, so far, any request from Santos to postpone the departure of the men’s professional team, against Internacional, due to the outbreak.
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