Court halts Vasco case v Flamengo and Fluminense over Boca at Maracanã | OneFootball

Judge halts the SAF lawsuit because of a fan’s public-interest action, but gives the stadium operator 48 hours to respond to the injunction request

The Rio courts suspended Vasco’s lawsuit against Fla-Flu Serviços S.A., the company that manages the Maracanã, this Friday (2). The club is trying to host the second leg of the Copa Sudamericana semifinal against Boca Juniors (ARG) at the stadium on October 20.

Judge Adriana Laia Franco, of the 2nd Civil Court of the Capital, found that another case is already discussing the same issue. It is a public-interest action filed by a Vasco fan on September 29 in the 2nd Public Finance Court. In that case, the lower court denied the injunction. However, the plaintiff appealed to the Court of Justice through an interlocutory appeal, which is still awaiting judgment.

For the judge, the two cases have different parties and legal grounds. Even so, both deal with the same practical issue: the possibility of Vasco playing at the Maracanã. Because of this, Adriana pointed to the risk of contradictory rulings. In addition, the judge found it unfeasible to consolidate the cases, since the courts have different jurisdictions.

Order

In the order, the judge stated: “What is at issue here is safeguarding legal certainty as a pillar of judicial activity, and this court cannot issue a decision regarding a request identical to one already sub judice before the 5th Public Law Chamber of this Honorable Court of Justice.” In another passage, she added: “The outcome of one action necessarily interferes with the outcome of the other (…), preventing harmonious coexistence between the claims“.

Even with the suspension, the case remains open. Before halting the proceedings, the judge gave Fla-Flu Serviços 48 hours to comment on Vasco’s injunction request. In the meantime, the outcome now depends on the fan’s appeal in the second instance.

Vasco went to court after the consortium’s 3rd refusal

Vasco filed the lawsuit this Thursday (1st), with a request for urgent relief. The move came after the consortium formally rejected Vasco’s request on Monday (28). It was the management’s third refusal to the rival in 2026. Earlier, Flamengo and Fluminense had already vetoed matches against Vitória and Palmeiras in the Copa do Brasil.

In its response, the administration cited the large number of matches and the wear on the pitch. According to management, the stadium will have hosted 58 matches in 2026 by the end of September. On that same 28th, in fact, the Maracanã began a full replacement of the playing surface, right after hosting an NFL game.

In the lawsuit, Vasco argues that the request does not stem from mere preference. The club says it needs to comply with Conmebol’s Club Manual, which requires 30,000 seats from the semifinals onward. Vasco also cites an opinion from the Specialized Stadium Policing Battalion (Bepe) favorable to the Maracanã.

In one excerpt of the petition, the club states: “São Januário cannot be used for the match in question because the Copa Sudamericana Club Manual issued by CONMEBOL establishes a minimum capacity of 30,000 spectators for stadiums hosting matches from the semifinals onward.” It then adds: “The search for the Maracanã, therefore, does not arise from mere preference by VASCO for a higher-capacity stadium, but from the need to designate a sports venue that meets the competition’s requirements for the match that the club has the right to host in Rio de Janeiro“.

Maracanã schedule weighs on Flamengo

The October schedule helps explain the red-and-black side’s resistance. On the 11th, Flamengo and Fluminense will play the derby at the Maracanã, already with the new pitch. Three days later, the rival hosts Palmeiras at the stadium in the first leg of the Libertadores semifinal.

Next, Flamengo visits Estudiantes (ARG) on the 15th in Argentina. Then the team will decide its place in the final on October 22 at 9:30 p.m. at the Maracanã. That means a Vasco match on the 20th would leave the pitch only 2 days to recover before Flamengo’s decisive match.

Before the continental marathon, the team coached by Leonardo Jardim returns to the field on October 8. The opponent will be Santos at Vila Belmiro in the Brasileirão.

São Januário gains strength as an alternative

While the legal dispute stalls, Vasco moved forward on another front. The club obtained a new report from the Fire Department for São Januário, authorizing the stadium for up to 24,155 fans. The document provides space for 4,000 visiting supporters, the allocation Boca was demanding for its fans.

However, the capacity remains below the 30,000 seats required by the regulations. Because of this, Vasco still depends on an exception from Conmebol and approval from the Military Police. President Pedrinho, in fact, had already placed São Januário as the priority, ahead of the Maracanã and Nilton Santos.

The deadline is also tight. Conmebol requires the venue to be defined ten days in advance if the match is held in Rio. If the match is moved out of the city, notice must be given 15 days in advance. In practice, Vasco has until October 10 to confirm a venue in Rio.

Before that, the two clubs will face each other in the first leg of the semifinal on October 13 at 9:30 p.m. at La Bombonera in Buenos Aires. A week later, the place in the final will be decided in Rio de Janeiro, at a stadium still to be defined.

This article was translated into English by Artificial Intelligence. You can read the original version in 🇧🇷 here.