Sport x Vasco: Check details of the STJD judgment

The Fourth Disciplinary Commission of the Superior Court of Sports Justice of Football punished serious infractions that occurred in the match between Sport and Vasco, for Série B. In a judgment held this Wednesday, November 9, the auditors voted to punish Sport with a total fine of R$180,000, plus the loss of eight field managers behind closed doors and the loss of points in the match, with one point less for Leão and two more for Vasco. The Pernambuco club also had athlete Carlos Eduardo suspended for four games and vice president Augusto Carreras acquitted. The auditors also acquitted Vasco in the complaint of riot, punished the athletes Raniel and Luiz Henrique with two suspension matches, each, for provoking the opposing crowd and applied four suspension games to goalkeeper Halls for aggression. The decision is of first instance and must reach the Plenary.

The trial took place at the courthouse and lasted nearly seven hours. On the agenda, all conducts practiced by athletes, managers and fans were analyzed, which resulted in the end of the match by referee Raphael Claus before the established regulatory deadline.

After analyzing the evidence and documents attached, the Attorney General denounced Sport in articles 205, 211, 213 and 191 of the CBJD and also in articles 19 and 20 of the RGC/CBF. The Pernambuco club also had goalkeeper Carlos Eduardo and vice-president Augusto Carreras denounced for physical aggression against Vasco’s masseuse (article 254-A).

On the opposite side, Vasco had the athletes Raniel and Luiz Henrique, both denounced and preventively suspended for provocation against the opposing fans (article 258-A), the goalkeeper Halls framed to practice aggression (article 254-A) and the club itself denounced by riot (article 257).

Testimonies and witnesses:

Of the denounced, Vasco heard the testimony of the athlete Raniel and Sport the vice president Augusto Carreras.

Raniel – “I was always the target of insults and mockery and this time it was no different. As soon as the match started I was on the bench and I was called a drug dealer, a drug addict and I didn’t even go to the crowd. field and I score an important goal for my team, I’m going to celebrate with my hands on my ear and I’m called the pivot of the invasion of marginals.

They said I’m a marginal and people invaded the field, beat up good people and firefighters who were working. I’m not a criminal for celebrating a goal. I think this situation took on a proportion that it shouldn’t have.

My life story I’m not ashamed about it. I had my past mistakes and got caught doping at Santa Cruz and nothing justifies it. I’m a serene, hardworking guy and that’s nothing to do with the past”, said the Vasco athlete.

Augusto Carreras – “When I look at the ground, there’s an athlete of mine and someone from Vasco’s staff. I go up with the intention of separating and not participating. My leg is grabbed and I don’t kick anyone. There the image is clear that I’m not kicking anyone. When they get up, there is no aggression and if I had the intention of attacking, we would be fighting. Vasco’s masseuse goes to the locker room with the whole staff”, explained the vice president of Sport.

Sport also heard Commander Washington M. Souza, responsible for commanding the internal policing of the stadium and who explained all the actions taken before the match and to maintain order and guarantee security in the continuity of the show.

“At these gates there are private security and military police. We treat this location as sensitive points. The crowd was very excited and forced the gates and broke the lock. This made possible the invasion attempt and linked to this we have the question of provocation. This is a technical and professional opinion. The provocation and exaltation generated this animosity.”

For Vasco, the club’s defense heard Executive Director Paulo Bracks, CEO Luiz Mello and advisor Sara Borborema, who spoke about the hostility suffered by the carioca club since arriving at the stadium, the animosity between managers and athletes and the fear of the club to leave the stadium.

Jorge Buregio, game delegate, also testified and reiterated everything that happened and was reported in the summary and in the game report.

What the parties sustained:

After the depositions, Prosecutor Rafael Bozzano reiterated all the terms of the complaint presented by the Prosecutor’s Office and highlighted that the episodes that occurred on Ilha do Retiro were serious.

Lawyer Marcelo Jucá defended Vasco and its members.

“The commander here said that there was no security breach. A fact of the human psychological condition has occurred. The scenes we saw here of the masseuse being assaulted also easily identify with this condition. Does Sport really believe that it was not at fault? Is Sport really right to blame the athlete Raniel?

The athlete’s life story does influence what happened there. He is from Pernambuco and at age 14 he was an alcoholic, drug user, drug dealer and became a soccer player. A son drowned in the pool with 23 days hospitalized and the athlete himself almost died in covid with thrombosis. He’s not just any athlete. Does going to the crowd and making that gesture with your hand over your ear deserve to be punished with provocation? Did he celebrate a goal like many others do and want to blame the victim for what happened?

Athlete Luiz Henrique has no effective proof that he threw a tennis shoe. Goalkeeper Halls runs in defense of his teammates and the fact that we saw in the images occurs. The club, in article 257, says that the entity will be penalized when it is not possible to identify everyone, but the conduct must be individualized.

None of these four imputations is adequate. The preventive suspension surprised me. In I have never seen the preventive suspension in the event of a double yellow card. The athletes served two suspension matches before being judged”, said Jucá.

Lawyer Amanda Borer concluded Vasco’s defense.

“The episodes that took place on Ilha do Retiro were an announced tragedy and it was not the first or second time that the scenes were carried out by Sport fans. The situation is so serious that the club itself classifies part of its fans as criminals in the process.

If the club allows criminals in, it is conniving with everything that has happened. If that’s not collusion, what is? Fans entering the stadium with brass knuckles, stone… claiming that the situation was just because of the athletes’ conduct is the same as saying that there was full security for the match to continue. We have to punish and show that the STJD gave an answer to society”, he concluded.

Sport was represented by lawyer Osvaldo Sestário.

“I’ll start with Augusto Carreras. Video evidence shows that there was no aggression. Nobody fights alone and they were on the floor. He tries, then leaves and his leg is pulled. There is no aggression there. Then he leaves talking to Vasco’s masseuse. I ask for absolution. In relation to the athlete and for the athlete Carlos Eduardo and the masseur, the defense has no way to elude this.

At no time did Sport manifest or say that it didn’t happen or happened. Who blames Raniel is the president of the STJD when he grants the injunction. At no time does Sport say what was said here.

I ask that article 205 be removed. Regarding article 213, was there prevention? There was. There was meeting, policing and everything the club could do. Was there repression? There was and it was wonderful. The TV image stays in the aggression. Sport arrested everyone involved and the evidence was added on November 1st. Sport did everything possible. Let’s punish Sport, yes, but within normality. Within what Article 213 says, Sport has done its part and its obligation and dosimetry has to be analyzed.

If punished in article 211, it is necessary to mention what Sport needs to do. There are all the reports and licenses to have games. But I think that article 213 is more onerous and includes article 211. We cannot have a double sentence. In relation to article 191, I do not understand that there was anything”, he concluded.

As the Commission voted:

Reporter of the suit, auditor Adriene Hassen voted to punish Raniel in two matches of suspension for provocation in article 258-A; punish Luiz Henrique with two matches for provocation in article 258-A and acquit in article 258. Punish goalkeeper Halls with four games of suspension for aggression described in article 254-A and dismiss the complaint to Vasco in article 257 to acquit the club .

On the Sport side, the auditor voted to punish athlete Carlos Eduardo with four games in article 254-A, acquit vice-president Augusto Carreras and dismiss the allegations against Sport in article 211 and 191.

In the other articles, the rapporteur voted to punish Sport in article 213, item I, with a fine of R$ 50 thousand and loss of three orders with closed doors; fine of R$ 50 thousand and loss of three field orders with closed gates in item II and a fine of R$ 30 thousand and loss of two orders with closed gates in item III, totaling R$ 130 thousand and eight losses of command with gates closed in article 213 of the CBJD.

In article 205, Adriene voted to apply a fine of R$50,000, loss of one point to Sport and awarding two more points to Vasco, considering the match was tied.

Auditor Felipe Rego differed from the rapporteur to apply three games to the athlete Luiz Henrique in article 258-A, to dismiss the complaint in article 205 and apply R$ 30 thousand and two orders in article 213 to Sport.

Auditor Rodrigo Salomão, on the other hand, diverged from the rapporteur to absolve the athlete Raniel, apply a match to Luiz Henrique for unsportsmanlike conduct and acquit in the provocation. The auditor also diverged to apply two field command losses in each item of article 213 to Sport.

At the end of the vote, the acting president, auditor José Cardoso Dutra, fully followed the rapporteur’s vote.

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