The STJD responded to Flamengo’s request and granted an injunction releasing the presence of fans in the stadiums of cities that grant authorization for the presence of the public. The injunction is valid for matches in which the rubro-negro is the principal in competitions organized by the CBF and is not limited to Rio de Janeiro.
The writ of guarantee filed in court came in the wake of the permission given by the Municipality of Rio for Maracanã, for the time being, to have up to 10% of the stands filled in the game against Olímpia, by liberators. Dissatisfied with the percentage, Fla transferred the game to Brasília, where it can put up to 30% of the public.
The president of the STJD, Otávio Noronha, stressed that the requirements of the local authorities must be met. This goes for the percentage released in the stands and other sanitary requirements.
Today’s decision (4) has, in spirit, a character similar to one already issued in the form of an injunction by the same STJD, at the request of the cruise. The only difference is that the club from Minas still cannot support the fans because they have to pay the penalty for five matches with the gates closed.
In the preliminary injunction, Noronha mentioned that cities other than Rio have already allowed the public to return, such as Brasília and Belo Horizonte. The president of the STJD considered, in the decisions of Fla and Cruzeiro, that it is not up to the CBF to “deny the execution of the set of measures adopted by the State”.
Court decision tramples CBF’s planning in relation to the return of the public in national competitions. The entity had already been discussing internally a pilot project for the return of the fans in the quarterfinals of the Copa do Brasil, on August 25th. The organization has been working with the perspective of working for a percentage of 30% of the stadium’s capacity, providing an exclusive sector for the fully vaccinated.
Flamengo’s move to seek the preliminary injunction also goes against what the clubs talked about during the Brasileirão 2020. At the time, the understanding of the majority was to return with an audience in Serie A when everyone was able to put fans in the stadium.
The decision of the president of the STJD
“The Brazilian Football Confederation, in the use of its powers, edited its “Technical Operational Guidelines for the Return of Competitions”, establishing, in its item 1, that the resumption of football would take place without a public, and that any change in this when it would be properly communicated.
In that court, in the most diverse states and municipalities, sanitary determinations issued by the competent authorities were in force, restricting the movement of people and preventing the realization of all sorts of events, including sporting ones.
In the meantime, much has been discussed in the country, in fact, about the competence of the public entities themselves, to issue norms related to the fight against the Pandemic, with Eg. STF, on the occasion of the judgment of ADI 6,341, under the report of I. Min. Marco Aurélio, pontificating that states and municipalities have autonomy to establish the measures they deem appropriate for the protection of their population; considering that, given the evolution observed in the situation experienced, several municipalities have been gradually allowing the resumption and realization of events, with due regard for limitations and necessary precautions.
As can be seen from the documentation that instructs this Innominate Measure, this is the case of the Municipality of the City of Rio de Janeiro, as well as, as is known, Brasília and Belo Horizonte, locations where it is already authorized, through acts issued by the competent authorities , the gradual release and the return of the public to football stadiums, subject to certain maximum occupancy limits as a percentage calculated on the installed capacity of the sports square, and provided that the rules established in the return plans prepared by the respective Health Departments and Authorities are observed. Sanitary.
It so happens that even in the face of this new framework, the CBF, up to the present moment, has changed nothing in its guidelines, maintaining the public ban on matches related to Tournaments under its organization.
Indeed, the role of the sports administration entity in its deliberations on measures related to combating the COVID-19 Pandemic must be guided and limited in light of the basic rules of the Democratic State of Law and the Republican foundations of our legal system. constitutional.
It is not, in principle, for the Sports Administration Entity to interfere and deny the implementation of the set of measures adopted by the State, for the gradual resumption of activities – including reflections on the economy – for lacking, in addition to competence, the appropriate technical support and the legitimacy attributed to democratically elected officials.
In this case, it is to be assumed that the decisions adopted by the Municipalities do have the necessary technical support for the decision taken in relation to the authorization of the resumption of the admission of Fans to the stadiums, subject to technical and scientific criteria and data.
On the other hand, it is a well-known fact that today in Brazil, there are already several Soccer competitions – such as Copa América and Copa Libertadores da América – where, with the authorization of the local health authorities, there was the presence of a public, with no justification for the denial by CBF of the guidelines issued by the competent authorities, to the detriment of the interest of the requesting Association.
For the foregoing, in the form that authorizes art. 119 of the CBJD, and considering the presence of verisimilitude in the allegations brought by the Applicant Club, as well as the existence of the danger of delay, given that the losses experienced are undeniable and immediate, I hereby RECEIVE this Innominate Measure and DEFER the injunction vindicated to allow the public to return to the Stadiums in games under the command of CR do Flamengo, held in sports venues located within Municipalities that allow it, and provided that the maximum presence established by the City Council is observed and all requirements are met from the Department of Health and local Sanitary Authorities, while the release of the competent Authorities in this regard persists.
Quote the CBF, requested herein, for wanting to present your answer, within the legal deadline”
–
