Gabigol’s Suspension Overturned by CAS: Major Legal Victory for Flamengo Star

In early April, the defense filed a request for a suspended effect with the CAS. After five weeks, the request was unanimously accepted in court, in a decision made by two Englishmen and a Swiss. Gabigol can return to training with Ninho do Urubu’s group starting this Tuesday and is fit to play.

The decision in the Swiss court came after the expectation of the defense, which was confident that he would be released and is expecting another favorable decision when there is a new trial. In communication with the report, Bichara Neto, one of Gabigol’s representatives in the case, highlighted the decision.

– We have taken the first important step in the process of reversing the decision and will continue to work until the merits decision confirms this expectation.

The entire CAS process generates legal costs, which must be shared between the parties. In the second half of April, Gabigol’s defense was informed that the ABCD (Brazilian Doping Control Authority) had not paid its share of the legal costs. In order not to delay the process, the attacker paid the remaining amount.

Days later, ABCD submitted its part of the documents and appointed a German arbitrator. But CAS did not accept the documents, citing administrative issues, and ABCD lost the right to appoint an arbitrator to create the court.

Accordingly, CAS appointed two of the three arbitrators who adjudicated the application for suspended effect. The panel consisted of an Englishman named by Gabigol’s defense, as well as another Englishman and a Swiss named by the Court. The three voted in favor and gave the suspension victory to the attacker, who is now awaiting the vote on the appeal.

In the argument sent to CAS, the defense requested attention to the “periculum in mora” (danger of delay) together with “fumus boni juris” (fog from good law). The main request was that the process be examined quickly, because any loss of time could lead to Gabigol serving a large part or even the entire period of the suspension put on

Still in defense, the office of Bichara e Motta said that the trial of Gabigol was strict at the TJD-AD, with five votes for the ban and four against. In the document, there are other arguments that briefly anticipate the reasons that the defense will use later in the appeal, a legal document with which it will try to prevent the removal.

Through social media, the attacker published a video to celebrate the decision. Without captions, Gabigol shared a video in which a doll wearing the red-black number 10 shirt runs towards Maracanã.

With just over a month off, Gabigol kept up his physical fitness at home, using the gym at home and the field at his condominium in Barra da Tijuca. The training was under the supervision of the Flamengosent by professionals to the athlete’s home.

During this time, the coach Tite visited the attacker to follow his training and talk to the player.

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