CAS defines last referee to judge the suspensive effect in Flamengo

Gabigol’s trial approaches

The Court of Arbitration for Sport (CAS), in Switzerland, took another step this Tuesday (23) towards the suspension effect of Gabigol. The entity defined the last member of the team of three referees who will be responsible for judging.

O Gabigol case will be against a two-year suspension for attempting to cheat an anti-doping test. The decision on the suspensive effect request could come at any time and there is optimism from Rubro-Negro.

However, the player’s defense and also the club’s legal department are understanding that the result should only appear next month, close to June, a very complicated situation.

In the process at the Court of Arbitration for Sport (CAS), the defense and prosecution (the Brazilian Doping Control Association) each nominate an arbitrator from the court, hence the delay in choosing.

Third referee defined… now what?

The court itself appoints the third arbitrator, which is what happened this Tuesday (23). A prosecution had also already chosen its, on the last day of the deadline. Now, the final step so that the trial can begin.

The suspensive effect is granted or denied without any hearing being held. The parties are simply notified of the arbitrators’ decision, who have no deadline to make the decision.

A Gabigol’s defense asked that the request be evaluated quickly so that in practice Gabigol does not serve the majority of the sentence before the final judgment. There is great optimism on the part of the club.

He was suspended retroactively last month with his sentence starting in April 2023, when he took the exam in which the alleged fraud allegedly occurred. This was because he was not the cause of the delay in resolution.

Remember the case

For now, Gabigol’s suspension lasts until April 2025. During this period, he cannot participate in Mais Querido matches or training. Also being unable to be present in the states at club games.

There is still no date set for the judgment on the merits of the appeal. It is not expected to happen until after July, as all court dates are taken by then. This factor is preponderant for the delay.

At trial, Gabigol could be acquitted or have his sentence reduced, but he also runs the risk of having his punishment increased to up to four years, which the club does not believe could happen.

In 2018, Flamengo’s then striker, Paolo Guerrero, appealed to CAS and had his suspension increased from six to 14 months. The result of the CAS judgment is final and is not subject to any further appeal.