STJD judgment on Sport x Vasco gains status and can confirm access

If on the field the fight for the G-4 of Serie B got tangled up after the penultimate round, outside of it, the judgment of the episodes of the Sport x Vasco match in the STJD gained an air of ‘decision’. The Leão responds to the complaints made by the Public Prosecutor’s Office in articles 205, 211 and 213 and also in articles 19 and 20 of the General Regulations for CBF Competitions. The penalties provided for include loss of field command, fine and loss of points. All eyes, therefore, are on a possible decision that changes the leaderboard.

The trial takes place next Thursday, November 3, at 2 pm. The process takes place in the 4th Disciplinary Committee of the STJD and has as its reporting auditor, Dr. Adriene Silveira Hassen. On the other hand, Raniel and Luiz Henrique, from Vasco, already suspended preventively, also respond for provocation to the red-black fans in the celebration of the goal.

The main debate is around the denunciation by Art. 205, §1 of the CBJD, precisely what provides for the loss of points of the sporting entity, when the suspension is caused by its fans:

Art. 205. Prevent the continuation of the match, event or equivalent that is being disputed, due to an intentional insufficient number of athletes or in any other way. PENALTY: fine, from R$ 100.00 (one hundred reais) to R$ 100,000.00 (one hundred thousand reais), and loss of points in dispute in favor of the opponent, according to the regulations.
§ 1 The sporting entity is subject to the penalties of this article if the suspension of the match has been proven to be caused or provoked by its fans.

Similar case to Vasco

Last Friday, the STJD judged the incidents of the match between Ceará and Cuiabá, in Castelão. The case is of interest to the Vasco lawyer, since the confusion was similar and occurred on the same day as the conflicts on Ilha do Retiro. The judgment, therefore, is considered an indication for Sport X Vasco, next week. The result in relation to Ceará was as follows:

Art.211 CBJD – Ceará unanimously acquitted (5 to 0).

Art. 213 CBJD- Ceará sentenced by majority (4 to 1) – fined R$100 thousand and punished with six games of loss of home field behind closed doors

Art. 205 CBJD – Ceará acquitted by majority (3 to 2).

Therefore, the divergence of understandings in relation to Art. 205 opens space for a possible condemnation of Sport for the loss of points in the match against Vasco. The rapporteur of the case understood that the use of rubber bullets by police caused panic and forced fans present at Castelão to seek shelter elsewhere. According to this understanding, what caused the invasion was the action of the police and not the Ceará fans. The vote was accompanied by three other auditors. However, it left room for controversy when two other jurists disagreed.

Check out the votes won by the conviction of Ceará in Art. 205:

Auditor Eduardo Mello:

“The 205 is clear in stating the interruption. And what happened was the interruption and, due to the lack of security, the match was ended. I understand very well that it was an evacuation plan, but it was not completely successful. It started successfully, but then we saw a considerable group go over the advertising boards and enter the field. So I see, yes, that there is participation of the fans. There is no intention of Ceará, but it was made by their fans. We saw the players run away from the fury of their So, I understand to apply article 205, with a fine of R$ 10 thousand and the loss of points in dispute in favor of the opponent”. , declared the auditor.

Auditor Gustavo Caputo:

“In relation to 205, the matter is really quite difficult from the point of view of Sports Law, between the application or not of this article. My biggest concern is that this Court interferes directly in the possibility of a downgrade. how to remove article 205. The match was interrupted because of the Ceará fans, with confusion and throwing chairs, which justified the Police’s strategy of trying to evacuate safely. But there are always those vandals who end up harming. that this happens without more serious consequences, we can even encourage organized supporters to do this more often.”

Out of court, however, Vasco still has one last commitment, against Ituano, in the last round. Thus, with 59 points in 4th place, two more than the Paulistas, Cruz-Maltino needs at least one draw to guarantee access.

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