It’s official! The match between Avaí and Fluminense will be with the gates of Ressacada closed to the fans on the night of next Sunday, at 19:00 (Brasília time), for the 32nd round of Serie A of the Brazilian Championship. The information was confirmed by the club azurra on Friday night.
The punishment by the Superior Court of Sports Justice (STJD) to Leão da Ilha was given because of the cutting of the VAR cables in the confrontation against Atlético-GO on October 1st. In a statement, Avaí explained that it tried, “through all means, to reverse the unfair decision, as it will be serving a sentence without being judged for what happened.”
Ressacada will host Avaí x Fluminense — Photo: Ronaldo Fontana
The complaint made by the Prosecutor’s Office asked that the Aderbal Ramos da Silva Stadium suffer a preventive suspension for “not meeting adequate and sufficient conditions to host matches”.
However, the president of the STJD, Otávio Noronha, understood that the ban was not necessary and that it would cause serious consequences. Thus, he imposed the loss of a field command. The club made a request for reconsideration, which was denied. On the other hand, the STJD welcomed a demonstration for the sentence to be served behind closed doors.
Last Thursday, the trial involving the cutting of the VAR cables was postponed a day before it was held. Hours after the decision, Leão announced the suspension of ticket sales.
Cables cut from VAR in Avaí vs Atlético-GO — Photo: Ronaldo Fontana
Avaí Futebol Clube informs that, by decision of the Superior Court of Sports Justice (STJD), this Sunday’s match (16), against Fluminense-RJ valid for the Brazilian Championship, will be held behind closed doors. The Club tried, through all means, to reverse the unfair decision, as it will be serving a sentence without being judged for what happened.
Today, Avaí was represented at the Brazilian Football Confederation (CBF) by the president, Júlio César Heerdt, and by the president of the Santa Catarina Football Federation (FCF), Rubens Angelotti, in an attempt to reverse this decision, in addition to the legal procedures adopted. . However, at the end of the day, it was announced that the measure would be irreversible.
Avaí hereby also repudiates the decision through the following arguments:
1. The application of the penalty is given in a summary manner, that is, without the possibility of defense by Avaí FC. The Club had its constitutional right vilified. The preliminary decision determines the fulfillment of a punishment without the Club being given the opportunity to present its defense, in which it could demonstrate through documentary evidence, witnesses and images that it is not responsible for the problems that occurred in the match in relation to the VAR cables.
2. The trial of the case was scheduled for today (10.14.2022), which would prevent the sentence from being served before the trial, but the rapporteur surprisingly postponed (and later maintained this postponement) the trial so that the Delegate for the match on 10.01.2022 – This delegate confirmed his presence at today’s session, by means of a signed and notarized statement.
3. By the seventh paragraph of article 68 of the General Regulations of Competitions, “The execution of the penalty of loss of control of the field with closed doors will take place in the match that will occur after 10 (ten) days have elapsed from the receipt of the communication of the judgment that imposes it, due to the deadlines necessary for operational actions related to the match” – which did not occur, since the loss of field command with closed doors was determined on 10/08/2022. And if there was still no understanding, so that the decision of 10/06/2022 was considered to count the term, the third paragraph of article 64 of the same RCG requires that “The DCO will only execute the penalty of loss of command of field in the match that may occur after 10 (ten) days have elapsed from the receipt of communication from the Sports Court that imposes it (…)”. Now, if the decision that applied “penalty for loss of field command with closed doors” was handed down on 10/06/2022, and communicated on 10/07/2022, there would be no need to talk about compliance with said decision in the match between Avail FC and Fluminense, designated for 10/16/2022.
4. The CBF Competitions Board is responsible – pursuant to art. 175, second paragraph of the CBJD – for determining the form of compliance with the penalty and could never do so contrary to its own General Regulations for Competitions. It exempted itself, therefore, from its regular role, without any legal support to support it.
5. The document informing the Fulfillment of Loss of Mando was only sent to the Club yesterday, 10/13, at 2:30 pm, after the beginning of the complex game operation.
With these regrettable acts, both CBF and STJD depreciate their own competition, imposing on the fans – the true owners of Brazilian football – the sad scenario of a spectacle without an audience.
Avaí will contact the club’s fans who purchased tickets for the match to align the form of reimbursement. Visitor fans must contact the email email@example.com to proceed with the return.
We apologize to the members and fans for the inconvenience caused. Avaí, once again, regrets the decision and reinforces the understanding that it is being harmed by this measure, as well as evaluating the adoption of the relevant measures for reparation by those responsible for the losses and damages suffered.