Santos forwards an agreement with the STJD to reduce punishment behind closed doors in Series B

O Santos forwarded an agreement with the STJD (Superior Court of Sports Justice) to reduce the punishment for six games behind closed doors in Series B of the Brazilian Championship, in addition to a R$ 100,000 fine, for incidents in the 2-1 defeat to Fortaleza, in Vila Belmiro, for 38th round of the Brasileirão, on December 6, 2023. The confrontation marked the club’s relegation.

According to the agreement negotiated by the club’s legal department with STJD prosecutors, the punishment would be reduced to three games behind closed doors and another three with only the organized fan section, the Cosme Damião stand, closed to fans. In these three games, the club would place messages against violence in the stadiums in the sector destined for organized fans.

The agreement still needs to be approved by the Full Court of the STJD. The case is not on the agenda for the next two meetings, scheduled for April 4th and 11th. It is possible that the matter will be discussed on April 18th.

If the agreement is approved by the STJD, Santos would return to playing with the public against Botafogo-SP, in the 8th round of the competition, scheduled for May 31st or June 1st and 2nd. The games without an audience would be against Paysandu, Guarani and Brusque.

WHAT HAPPENED AT STJD

Santos was denounced under article 213, I, II and III of the CBJD (Brazilian Code of Sports Justice). Leandro Pedro Vuaden, referee of the match, reported thrown objects and an invasion of the Vila lawn. The refereeing team decided to end the match after contacting the police.

“I inform you that the match was ended early in the 51st minute of the second half, after the second goal from the Fortaleza EC team, as Santos FC fans threw objects onto the field of play and also invaded of fans. According to the police, there was no longer any security for the match to continue, which is why it was closed”, reported Vuaden in the summary.

In the article, it is about “Failing to take measures capable of preventing and repressing”. I – disorders in your sports venue; (B.C). II – invasion of the field or venue of the sporting event; (B.C). III – throwing objects onto the field or venue of the sporting event. (B.C). It also provides for a fine of R$100 to R$100 thousand.

“§ 1 When the disorder, invasion or throwing of an object is very serious or causes harm to the progress of the sporting event, the practicing entity may be punished with the loss of field command for one to ten matches, events or equivalent, when participant of the official competition. § 2 If the disorder, invasion or throwing of an object is carried out by the supporters of the opposing entity, both the ordering entity and the opposing entity will be punishable, but only when it is proven that they also contributed to the fact. § 3 Proof of the identification and detention of the perpetrators of the disorder, invasion or throwing of objects, with presentation to the competent police authority and registration of a police report contemporaneous with the event, exempts the entity from liability, other means of evidence sufficient to demonstrate the lack of responsibility”, completes the article.

HOW WAS THE TRIAL

Auditor Bruno de Barros dos Santos Tavares began reading the complaint against Santos. The prosecutor’s office presented videos of the field invasion and bombs thrown onto the field. Then, Peixe presented a video of the board meeting with the Military Police and leaders of Organized Fans.

Afterwards, auditor Rafael Bozzano recalled Alvinegro’s history at the STJD and asked for a maximum penalty of 10 games of loss of command and a R$100,000 fine. Dr. Luiz Eduardo Barbosa defended Santos and asked for the club’s acquittal. He reinforced that the punishment is aimed at the clubs, but the problem is in relation to the offenders and goes beyond Peixe, which happens with other teams.

Luiz Eduardo also brought data from employees and security guards hired by Santos on the day, already taking precautions for something to happen. The professional also asked that, in case of punishment, the games be played in Vila Belmiro behind closed doors. Auditor Bruno Tavares spoke about the case and sees punishments ‘wiping the ice’ as the punishment has to affect the vandals. He included the entire complaint as disorder and voted for six matches, four behind closed doors and two outside Vila Belmiro, in addition to a fine of R$100,000.

Dr. Rodrigo Raposo already argues that it is not possible to separate the fans from the club. He also does not agree that Santos complied with all prevention actions and demanded more measures to be implemented. In the vote, he includes the entire complaint as disorder as well, and opted to apply six matches with loss of control of the field and behind closed doors, in addition to the fine of R$100,000.

Dr. Claudio Diniz began his speech by mentioning that Dr. Rafael Bozzano was threatened by Santos fans. Regarding the process, the professional believes that Peixe could have taken more effective preventive actions. He voted for six matches behind closed doors in Vila Belmiro and a fine of R$100,000.

Dr. Alexandre Beck recalled other similar cases judged, regretted society’s actions and believes that punishment is necessary. He also treated the three items as one and voted for four matches behind closed doors and two outside Vila Belmiro. The president of the session, Luis Felipe Procópio, commented that he saw the Santos fans and Vila Belmiro as peaceful, but recalled the incidents in 2022 and 2023 and the seriousness of the case. He decided to lose six games of the field and behind closed doors and a fine of R$100,000.

Finally, the decision announced by the president of the 3rd disciplinary commission of the STJD, Luis Felipe Procópio, was six games of loss of field command and closed doors plus a fine of R$100,000. Upon returning to the broadcast of the trial after the break, he himself clarified that there would be six games behind closed doors as home team, without losing control.

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