The Supreme Court of Sports Justice (STJD) acquitted Flamengo and Andreas Pereira over the match against Santos in the Brazilian Championship. In today’s session (15), the auditors unanimously recognized that Robro Negro and the player had not breached the protocol of the National Health Surveillance Agency (Anvisa) and therefore the General Regulations. The decision of the Court of First Instance is subject to appeal. The match was on August 28, at Villa Belmiro, and ended with a 4-0 victory in Rio.
The trial took place after the STJD accepted a complaint from Santos for the fact that Gavia had picked Andreas before the mandatory 14-day quarantine period set by Anvisa for travelers who transited through the UK – the working midfielder for Manchester United, England. . A player has been judged for conduct inconsistent with sporting discipline or ethics.
“This complaint is based on a violation notice promoted by Santos, which was intended to make Flamengo lose points, but the prosecutor’s office has come forward and shown that there is no possibility of Article 214. Without a doubt, it had one goal. What seems to me, with all due respect, He pushed the envelope. First of all, the athlete does not climb. It was Flamengo who chose the athlete. However, there is no need to apply a penalty to the player. The decree is very clear, the initial ruling talks about foreigners and also states that this is not for the Brazilians. Then, To fix a bug, Anvisa publishes 657 saying that it also applies to Brazilians, but on October 2, 2021, then, after the match. We go to the CBF protocols, which were followed. The CBF approved the lineup of athletes because exams were submitted. Medical evidence from CBF says that The IGG test gives the athlete the right to obtain a Temporary Immunity Certificate (Green) CIT) so he’s not working again until February 19, 2022. Why is he banned from playing the game? There is no doubt. He can climb the Flamengo. Flamengo’s attorney Michel Asif said, ” For all these reasons, the athlete was a regular, and there was no breach of regulations, neither by the athlete and Not by flamingo.”
Andreas made his debut in the match against Pixie, just eight days after arriving in Brazil. Santos sued Fla, which “would have violated Articles 191, 1, 2, 2, 203 and 214 of the Brazilian Code of Sports Justice (CBJD)”. However, the Prosecutor’s Office understood that Articles 203 and 214 did not apply in this case, and convicted Robro Negro in Article 191, Clauses 1, 2 and 3, and Andreas in Article 258.
Section 191 and related clauses speak of “failure to comply with or impede fulfillment” of a “legal obligation” or “deliberation, decision, limitation, requirement, demand or any standard or administrative action of the CNE or the sporting administrative entity affiliated with or binding” and “regulation” , public or private, to compete.” The penalty is a fine ranging from R$100.00 to R$100,000.
258 speaks of “the presumption of any conduct contrary to discipline or ethics of sport not provided for in the other rules of this Code.” The penalty is a suspension from one to six matches. In addition to the complaint lodged by the STJD’s lawyer, Santos went to the Brazilian Football Confederation (CBF) and filed a formal complaint for the presence of Andreas Pereira at the match.
“The first point, I put here Decree 655 which states, yes, that this provision exists in relation to native and foreign Brazilians, but the gist of the matter is well expressed in Article VII, paragraph 1 of this decree. It makes it very clear that there is, yes, in This decree, restrictive rules for travelers of international origin, Brazilian or foreign, and this is exactly the paragraph that Santos, and the Attorney General’s office as well, mentioned in the complaint. This is a very simple explanation. This is a serious non-compliance. I would like to stress that the judgment on the screen goes beyond, And so much, Sports Justice, We deal with guidelines, protocols and rules that work to save lives. It’s not just football, it’s public health, human life. That’s the crux of the issue at hand. It’s a ruling that will have repercussions not only in the sporting field. And it’s clear Also that apart from being Brazilian, I will need to undergo quarantine for being in the UK.From the player, he directly contributed to the result of the match, as he entered the field and scored a goal for Flamengo.Can Santos be harmed because they played the tournament without equality, because Flamengo did not respect protocol? What Santos is asking for is that this committee does not let the club and athlete’s non-compliance go unnoticed. Make history, stand up for the ethics and fair play of the sport,” said Felipe Mourao.
The issue related to the player arose after Anfisa suspended the Brazil-Argentina match for the World Cup qualifiers, due to four members of the Argentine delegation coming from England and not meeting the necessary requirements requested by the health authorities.
Days later, Anvisa issued an official notice banning Willian, a Corinthians who was at Chelsea, also from England, from playing in the match with Atlético-GO, for the Brazilian Championship. In the case of Andreas, the agency suggested punishing the player.
Reporter Alessandra Pérez-Paiva was convinced that Flamengo had been excluded and the athlete had breached the regulations.
“For me, it is very clear that the process was based on Order No. 655. It turned out to be very simple, just read the decree and note that in fact it does not apply to Brazilians. And I have no choice but to excuse the athlete as much as the Flamengo voted,” Alessandra voiced.
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