Paulo Sérgio Feuz, auditor of the investigation that investigates the case of alleged racial slur involving Rafael Ramos, right-back for Corinthians, and Edenílson, midfielder for Internacional, sent a request for a complaint against the Corinthians player to the Sports Attorney General.
The process was completed this Friday. Feuz cites that the set of evidence prepared in the investigation, mainly the Labial Expertise contracted by the Superior Court of Sports Justice (STJD), shows “strong indications” of a racial offense on the part of Rafael Ramos.
– In view of the foregoing and considering the set of evidentiary 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, under the terms of article 82, paragraph 3, of the CBJD – explained auditor Paulo Sérgio Feuz.
The report of ge got in touch with the defense of Rafael Ramos, who shows confidence in the innocence of the Corinthians player.
– Existing skills support Rafael’s vehement denial that he has not committed any racial offenses against the other player. Regardless of the formal referrals from the Sports Justice, Rafael’s innocence will be proven – said lawyer Daniel Bialski.
In June, the Civil Police of Rio Grande do Sul, through a lip reading report from the Instituto-Geral, concluded that it is not possible to identify what was said by the Corinthians player. It is the same conclusion of the expertise made by the defense of Rafael Ramos.
Edenilson, from Inter, says he suffered racial abuse from Rafael Ramos, from Corinthians – Photo: Silvio Avila/Getty Images
Article 243-G of the Brazilian Sports Justice Code provides, in case of punishment, the removal of Rafael Ramos from five to ten matches, in addition to a financial fine.
“Art. 243-G. Practicing 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: (Included by CNE Resolution No. 29 of 2009). PENALTY: suspension of five to ten matches, if practiced by an athlete, even if he is a substitute, coach, doctor or member of the technical commission, and suspension for a period of one hundred and twenty to three hundred and sixty days, if practiced by any other natural person subjected to this Code, in addition to a fine, from R$100.00 (one hundred reais) to R$100,000.00 (one hundred thousand reais). (Included by CNE Resolution No. 29 of 2009).”
Rafael Ramos and Edenilson in Inter x Corinthians — Photo: Reproduction / Premiere
See the survey’s decision below:
“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 art. 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.
Edenilson, from Internacional, accuses Rafael Ramos, from Corinthians, of racial slur
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 Labial Expertise hired by this Distinguished Court, showed that there is strong evidence of racial offenses coming from Athlete RAFAEL ANTÔNIO FGUEIREDO RAMOS from the Sport Club team. Corinthians Paulista, aimed at the athlete EDENÍLSON ANDRADE DOS SANTOS, from the Sport Club team Internationalwhich took place in the match held on 05.14.2022, valid for the Brazilian Championship – Serie A, between the teams of the International (RS) and Corinthians (SP).
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 the due legal process, an opportunity that will be given to the parties 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”.
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