WILL FLAMENGO BE ABLE TO REVERSE THE DECISION THAT GAVE THE 1987 TITLE TO THE SPORT? UNDERSTAND THE SITUATION

Between May 10th and 17th, the 2nd Panel of the Federal Supreme Court (STF) will write another chapter of the soap opera about the 1987 Brazilian Championship (Copa União) and the "Taça das Bolinhas". Flamengo has been fighting for titles for years. This time, the trial will be virtual. Ministers Dias Toffoli, Gilmar Mendes, Edson Fachin, Nunes Marques and André Mendonça will vote. Any appeal that the parties file after the trial may take the action to the STF plenary.

In December, the Federal Supreme Court, in a decision by Minister Dias Toffoli, denied the extraordinary appeal filed by Flamengo, which contested Sport's declaration as the only Brazilian champion in 1987. The legal dispute involves the well-known “Taça das Bolinhas”, which recognizes the first club to win five Brazilian Championship titles. The decision respects previous judgments that had already recognized Sport as champion. The decision further reaffirms the autonomy of the CBF in its technical decisions.

Flamengo requested recognition as the 1987 Brazilian champion, arguing that the Brazilian Football Confederation (CBF) has the prerogative to interpret sporting regulations which it itself institutes. The club claimed that, according to the criteria established in the regulations from 1975 to 1992, it would be entitled to definitive possession of the “Taça das Bolinhas”. This trophy was awarded to the first club that won the Brazilian Championship five times (three consecutively or five alternately). Flamengo argued that, based on its technical merits and CBF's internal administrative decisions, it met the requirements to be declared champion, regardless of controversies over the legitimacy of other championships.

Sport defended its position as the only legitimate champion of 1987, supported by previous court decisions that had become final. The Pernambuco club argued that any attempt to change this recognition would violate res judicata, a constitutional guarantee that protects judicial decisions against subsequent reexaminations. This position was reinforced by a sentence from the Federal Court, which prohibited the CBF from modifying the result of the 1987 championship without a unanimous deliberation by its members.

Several judicial instances, including the Superior Court of Justice (STJ ) and the Federal Supreme Court (STF), maintained the decision that Sport is the legitimate champion of 1987. In particular, the STF, in a previous decision in RE 881.864, highlighted the importance of res judicata and stated that the autonomy of the CBF cannot override the authority of a definitive court decision. This stance was reiterated on multiple occasions, solidifying Sport's status as the only recognized champion.

São Paulo, another club in contention for the “Taça das Bolinhas”, was mentioned in the context of the decisions that impacted its claim to the trophy. The court decisions that affirmed Sport's legitimacy as 1987 champions indirectly influenced São Paulo's chances of claiming the trophy, based on their own titles won in alternate years.

Minister Dias Toffoli decided not to follow up on the appeal. He reaffirmed that the matter had already been decided and that the res judicata should be respected. The decision highlighted that the CBF's sporting autonomy does not include the ability to review firm judicial decisions, and that controversies over titles and regulations cannot be reevaluated by the judiciary without violating res judicata.

< /p>