Avaí has become the target of an infringement notification at the Supreme Court of Sport Justice (STJD) for late wages during the 2021 season. If the process continues and a conviction occurs, the club runs the risk of losing points. Depending on the referees’ understanding of the application of a point loss in Serie B 2021 or in a future cycle, access to Serie A in 2022 may be revoked. If Avaí does not rise by decision of the STJD, the CSA He will finish fourth in the elite in 2022.
The position came to the STJD because a group of players consisting of Diego Renan, Edelson, Iuri, Joao Lucas, Jonathan, Rafael Pereira and Ronaldo sought the ATP. football From the state of Santa Catarina (SAPFESC), which informed the club and took the case to court.
The entity representing the athletes claims it contacted Avaí in August to try to speed up payment, but debts owed to the players persisted. The union’s complaint against Avaí is based on the Série B Regulation and also mentions the Pele Law.
the capital Article 17 of the Series B Regulation states: “The club is, for a period equal to or greater than thirty (30) days, in payment of the wages, due exclusively and exclusively during the tournament, as agreed in the Special Contract for Sports Work, the Professional Sportsman. The scorer, for a loss of 3 (three) points in every match played, after acknowledgment of delay and default by decision of the Supreme Court of Sports Justice (STJD).”
However, the text of the Second Division regulation states that “if there is no match to be played by the defaulting club when the penalty is imposed, the punitive action will consist of a three-point deduction from those who have already won the tournament”. He adds that “the rule will be in effect from the start of the tournament until 30 days after its end.”
Deadline and promise
The Special Tribunal for Justice and Democracy (STJD) lawyer has given Avai an opportunity to show herself. But the trial will begin after the court recess on January 20. In other words, the issue will not be resolved immediately. Following the club’s statement, the attorney’s office assesses whether the complaint is appropriate.
Avaí can resolve the situation before any trial. The club’s new president, Julio Cesar Hurdt, takes office on Saturday and has already promised to correct the situation.
“I hereby publicly reaffirm the commitment of the entire new Board of Directors, which will take office on January 1st, to pay back wages to athletes and staff. I am aware of the complaint sent to STJD, after closely following the progress of the confirmed facts that the best will be found A solution to the problem. Avaiana fans can rest assured: we will play Serie A in 2022”, he confirmed via Twitter.
The application of the potential loss of points in Series B 2021 or Brasileirão 2022 depends on how the judges handle the case – if the process goes ahead. There are some benchmarks from the past in STJD, such as points loss by Santa Cruz – convict in 2017 who lost points in 2016 Series A – and Sport, convict in 2019 due to 2018 salary delays. But composition from STJD plenary session (max. for example) was different. There are validators who can interpret the problem as a change in the tournament whose final result has already been approved. Therefore, the final penalty will be applied in the subsequent tournament.
The potential beneficiary of Avai’s penalty, if implemented in 2021, told the CSA “it is monitoring all news and moves involving a potential loss of points by a team playing in the second division, in 2021”. The club added that “through its legal management, it is studying the case to obtain more details and, if necessary, sue the Special Court for Justice and Democracy, in order to preserve its interests.”
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