The Court of Arbitration for Sport (CAS) accepted the request for a suspensive effect and Gabigol can return to playing for Flamengo. On February 25, the attacker was suspended for two years by the Anti-Doping Sports Court (TJD-AD) for attempting to cheat an anti-doping test.
In early April, the defense filed a request for suspensive effect at the FIFA Court, located in Switzerland. After five weeks, the request was unanimously accepted by the court, which was made up of two Englishmen and a Swiss. Gabi is ready to play from this Tuesday.
The decision followed the expectations of the defense, which was confident with the release and remains confident with the reversal of the case.
The entire CAS process generates legal costs, which must be shared between the parties. In the second half of April, Gabigol’s defense was notified 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 what was left.
Days later, ABCD sent its part of the documentation and appointed a German arbitrator. The documentation, however, was not accepted by CAS, which claimed administrative issues and ABCD lost the right to appoint the arbitrator to form the court.
Therefore, CAS appointed two of the three arbitrators. The panel was made up of an Englishman nominated by Gabigol’s defense, and another Englishman and a Swiss nominated by the Court. The three voted in favor and granted the suspension effect to the attacker, who is now awaiting the vote on the appeal.
In the argument sent to CAS, the defense asked for attention to the “periculum in mora” (the danger of delay) together with “fumus boni juris” (smoke from good law). The main request was for the process to be analyzed quickly, as any loss of time could result in Gabigol serving a large part or even the entire period of the suspension imposed on him.
Still in defense, Bichara and Motta’s office cited the fact that Gabigol’s trial was tight, with five votes in favor of the suspension and four against. The document contains other arguments that summarize the reasons that the defense will use later in the appeal, a legal document with which it will attempt to annul the suspension.
Through social media, the attacker published a video to celebrate the decision. Without captions, Gabigol shared a video in which a doll representing him appears running towards Maracanã.
While awaiting the judgment of the appeal, Gabigol will be able to play with the Flamengo shirt. It is worth noting that number 10 is in the last year of his contract with the club. The negotiation, which included a verbal agreement for renewal in October 2023, was halted and the tendency is for the parties to resume talks from now on.
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