Understanding the Argument that Absolved Bruno Henrique from Flamengo of Suspension in STJD

Yesterday afternoon, Bruno Henrique achieved a victory at the Superior Tribunal of Sports Justice by being absolved from the 12-match suspension and R$60,000 fine in a match-fixing case. The STJD Full Council reversed the decision of the lower court and sentenced the Flamengo striker to just a R$100,000 fine. But what convinced the auditors to change the course of the trial? In early September, player number 27 had been convicted under Article 243-A, which refers to ‘acting contrary to sports ethics in order to influence the outcome of a match.’ The accusation was that he deliberately received a yellow card to benefit bettors in a 2023 Brasileirão match against Santos at the Mané Garrincha stadium in Brasília. The defense appealed and he had been playing under a temporary injunction. When charged by the STJD in August, Bruno Henrique could have been convicted under two articles of the Brazilian Code of Sports Justice (CBJD). One was 243-A, which provided for a suspension of 12 to 24 matches and a fine of R$100 to R$100,000. The other was the broader 243, which referred to ‘deliberately acting in a manner detrimental to the team he plays for.’ In this case, the penalty could range from 180 to 720 days, or two years. In the end, the player was only convicted under 191, which pertains to a more general breach in the rules of a competition, without a specific infringement. Therefore, it does not provide for game suspension. The Full Council’s decision was not unanimous (6-3), but the defense managed to convince a majority of the auditors that the yellow card forced by Bruno Henrique was not intended to harm the club. Instead, it was part of a strategy by the coaching staff for him to be suspended in the next match against Fortaleza, so he could play against Palmeiras. All matches were valid for that year’s Brasileirão. One of the main arguments during the session revolved around the ‘tactic’ used by football teams to force players to receive a third yellow card before less important matches. Therefore, the defense argued that this was a violation that occurred in a routine context. Moreover, the accusation that there was privileged information for Bruno Henrique’s brother, Wander Nunes Pinto Júnior – who allegedly shared it with three other bettors – also lost strength. Flamengo’s defense, led by lawyer Michel Asseff Filho, successfully argued that there was no manipulation of the result or bad faith involved. In addition, the club made sure to support the player’s legal team and demonstrate in court that they did not feel disadvantaged. The Full Council is the last instance of the STJD and there are no more chances for appeals. Now, Bruno Henrique is officially cleared to play. The Flamengo team will return to the field for a Brasileirão match against Sport at 6:30 pm this Saturday.