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What is more important: the decision of the Sports Court not to postpone the match between Flamengo and Palmeiras or the decision of the Labor Court to postpone the confrontation? If the game is in São Paulo, does the TRT of Rio de Janeiro have the jurisdiction to postpone the game? How does judicial duty work? Who can CBF turn to to try to reverse the decision that postponed the match? The ge answers these and other questions in the opinion of sports law attorneys.
+ Palmeiras x Flamengo: Justice accepts union request, suspends gambling and stipulates a fine of R $ 2 million
+ STJD denies reconsideration for postponement, but the game remains suspended by order of TRT
+ With a lesson from Guayaquil, Flamengo maintains a calendar pending the definition of the match against Palmeiras
Allianz Parque, scene of the duel between Palmeiras and Flamengo, if the game continues – Photo: Marcos Ribolli
Before, a summary of the situation: the game between Palmeiras and Flamengo, scheduled for 4 in the afternoon this Sunday, was suspended due to a precautionary measure granted by the Labor Court of Rio de Janeiro, which accepted an action filed by Sindeclubes , a union that represents club employees in Rio, claiming “high risk of contagion” from coronavirus. CBF tries to appeal the decision.
In parallel, the STJD denied Flamengo’s request to postpone the match. On Saturday night, the corps was repositioned after the club requested a review of the decision and maintained the position that it should have left.
See the main questions:
Which decision is more valuable to the realization of the game, the TRT or the STJD?
Although there is no clear definition, it is understood that the decision of the Regional Labor Court overlaps.
– Theoretically, on paper, the Labor Court is worth more because it is a real body of the Judiciary, it is provided for in the Constitution. Sports Justice is an administrative court that deals with matters of organization, competition and sports discipline. It counts for nothing but sports competition. It only applies to soccer sports competition. If there is a decision of the Labor Court that says not to have a game, the judicial order is that it is fulfilled, if it does not suffer some penalties – explained the lawyer Luiz Roberto Martins Castro.
– The first question to analyze is whether Sindeclubes has the legitimacy to propose an action of this nature. I’d say it’s pretty moot, to say the least. Now, as there is a judicial decision, it annuls the sports decisions – said lawyer Eduardo Carlezzo.
Does the TRT of Rio de Janeiro have the jurisdiction to suspend gambling in São Paulo?
– As a general rule, the competent forum is the defendant’s forum, so, in principle, the approach to the action in Rio makes sense – Carlezzo explained.
Can this decision be reversed?
CBF will appeal the decision. The path continues to be through the Regional Labor Court. If the court order is upheld, the entity may appeal to the Superior Labor Court.
– This sequence is required by the process code. If you miss the sequence, you may have the biggest reason in the world, but the process does not go – evaluated Luiz Roberto Martins Castro.
There is a discussion in the legal field about which TRT should assess the issue: São Paulo, the gambling scene, or Rio, but the trend is for the process to take place in Rio de Janeiro.
How does judicial duty work?
In times of Covid-19, the number of staff available on the forums is even less. In theory, duty should only be used to analyze cases of extreme urgency. A judge remains available at your home to make decisions, but officials must go to the forum to continue the process.
Can Flamengo be sanctioned by the STJD if it does not enter the field?
Article 231 of the Brazilian Code of Sports Justice says the following:
“To advocate, before all instances of Sports Justice have been exhausted, for matters related to discipline and competences before the Judicial Power, or to benefit from measures obtained by the same means by a third party. PENALTY: exclusion from the championship or tournament that it is disputed and a fine of R $ 100.00 (one hundred reais) to R $ 100,000.00 (one hundred thousand reais) “.
But the discussion is great. Sindeclubes, responsible for the action, is chaired by José Pinheiro dos Santos, Flamengo’s security officer. According to him, the move came at the request of the club’s own employees. Flamengo is even accused in the lawsuit, and can claim it to dismiss the accusation of having benefited from measures obtained by third parties.
Still, the trend is for the case to be investigated by the STJD.
– If they discover that Flamengo is directly or indirectly behind them, Flamengo can be sanctioned in Sports Justice, even with suspension. An investigation can be initiated in the Sports Court to evaluate the connection between this union president, to try to verify if there has been any previous conversation that tries to encourage the union to enter. If proven, Flamengo can be sanctioned, Luiz Roberto Martins Castro analyzed.
And what should Palmeiras do?
The São Paulo club has already expressed itself in favor of the party. However, as it is not part of the action brought by Sindeclubes, the expectation is that it develops normally, as if there were a game.
– Palmeiras need to go to the stadium, unless CBF formally communicates that the match is postponed. Palmeiras is not part of the action, it needs to be officially communicated by the Labor Court or by Flamengo or CBF – said lawyer Luiz Roberto Martins Castro.
If the protection falls and Flamengo does not enter the field, what happens?
If CBF gets a mandamus order to guarantee the match, Flamengo must play. If he does not enter the field, he will be sanctioned with WO and will be judged by the STJD, which may impose sanctions such as a fine, loss of points and, ultimately, suspension.
If the decision stands and there is a game, what happens?
If CBF and Flamengo, accused in the Sindeclubes lawsuit, fail to comply with the TRT order, they are set to pay a fine of R $ 2 million, intended to combat Covid-19. In theory, CBF and Flamengo would have to share the payment of the amount.
