Neo Química Arena, CBF liable over women fans incident at Brazil game | OneFootball

Neo Química Arena and the Brazilian Football Confederation (CBF) were ordered to pay damages in a lawsuit filed by two female fans who, on November 30, 2023, went to the stadium to watch the match between the Brazilian Women’s National Team and Japan. They reported that they were prevented from entering while wearing Corinthians shirts and that, in order to gain access, even the baby accompanying them had to remain only in underwear.

Central do Timão obtained access to the ruling and brings details of the case and the court’s decision. In the lawsuit, the fans stated that there had been no prior communication from either the CBF or Neo Química Arena about any possible ban on entering while wearing football club shirts.

Photo: José Manoel Idalgo/Agência Corinthians

In its defense, the CBF acknowledged that there had been guidance from the São Paulo Military Police and the security team to prevent the entry of fans wearing clothing associated with clubs, but argued that the order had been based on a rule from the São Paulo Football Federation (FPF), inspired by Ordinance No. 009/23, which deals with the adoption of single-team crowds in derby matches held in the state of São Paulo. The entity stated, however, that there had been a mistaken interpretation of the rule by the Military Police when applying it to the match in question.

The Confederation also challenged the allegation of lack of prior information, arguing that, under Article 151 of the General Sports Law, the preparation of a special security, transportation, and contingency plan is only mandatory at events with crowds exceeding 20,000 people, which, according to the entity, did not occur in the match in question. The CBF also maintained that there was no requirement for the child’s clothes to be removed, nor any order for the change to be carried out in a public place.

Arena Itaquera S/A assigned full responsibility for what happened to the female fans, claiming that the FPF’s prohibition ordinance had been correctly applied. Neo Química Arena also submitted several reports on similar incidents involving other teams and stated that the event’s organization was entirely the responsibility of the CBF, the security team, and the Military Police. According to the Arena, due to doubts regarding procedures, there was an initial ban on entering with football club shirts, but there was no instruction to change clothes at the time of entry to the stadium.

After the evidentiary stage, the court ruled the lawsuit partially well-founded and recognized the fans’ right to compensation. In the decision, Judge Renan Augusto Jacó Mota stated that, under Article 14 of the Consumer Defense Code, the CBF and Neo Química Arena are jointly liable for the damages caused to the fans, as this is liability arising from the risk of the activity.

The judge also found that the application of the São Paulo Football Federation’s single-team crowd rule was improper, since the rule is intended for matches considered high-risk, such as state derbies, and its use in a Brazilian Women’s National Team match was not reasonable.

Officially published last Thursday (19), the ruling set moral damages at R$ 30,000, plus monetary correction and interest. The case is still subject to further appeals, and the CBF and Neo Química Arena will have 15 days to make payment after being formally notified, under penalty of a 10% fine on the amount of the judgment, in addition to additional attorney’s fees at the same percentage.

For attorney Higor Maffei Bellini, who holds a master’s degree in Sports Law from PUC-SP, the decision sets an important precedent for the protection of fans at sports venues.

“The case proves that there is no single-team crowd rule for the National Team in São Paulo, since the federation’s rule applies only to clubs from São Paulo. The situation reinforces that the Consumer Defense Code protects those who go to the stadium, so that fans are not limited to specific sports rules. It is clear that the home organizers are indeed responsible for the inconvenience caused to the public in their venues.”

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