The rapporteur votes in favor of maintaining Sport as the only Brazilian champion in 1987 and condemns Flamengo to a fine

The case’s rapporteur, minister Dias Toffoli, voted in favor of maintaining Sport as the only and authentic champion of the 1987 Brazilian Championship. Voting takes place in the virtual plenary, without the need for debates.

During the vote, rapporteur Dias Toffoli stated that “resignation does not deserve to prosper” and highlighted that both the Court of Justice of Rio de Janeiro and the Federal Court of Pernambuco have already understood that the 1987 title belongs to Sport, as well as the First Panel of the Federal Supreme Court.

“As stated in the decision now appealed, it can be seen from the records that the Eighteenth Civil Chamber of the Court of Justice of the State of Rio de Janeiro recorded the existence of a legal demand proposed by Sport Clube do Recife against the Brazilian Football Confederation (CBF) and the Union, in which the author of the aforementioned action, Sport Clube do Recife, was recognized as the legitimate Brazilian professional football champion of 1987, with the sentence becoming final”, wrote the rapporteur.

“It appears, in the hypothesis under analysis, that, as stated in the appealed decision, the conclusion reached by the Court of Justice of the State of Rio de Janeiro that the Federal Supreme Court recognized, definitively and by ruling passed in judged on 3/16/18, that the sentence handed down by the Federal Court of Pernambuco declared, in an undisputed manner, Sport Clube Recife as the only and legitimate champion of the 1987 Brazilian football tournament”, he highlighted.

Furthermore, the minister ordered Flamengo to pay 1% of the updated value of the case, if the vote is unanimous. “If legal fees are previously fixed by the originating bodies, their monetary value will be increased by 10% (ten percent) to the detriment of the appellant,” said Toffoli.

The votes of the other four ministers are still being awaited: André Mendonça, Nunes Marques, Edson Fachin and Gilmar Mendes. Magistrates have until the 17th to vote.