Denied habeas corpus to physical trainer accused of racism – 07/13/2023 – Sport

Judge Roberto Porto, from the 4th Chamber of Criminal Law of the Court of Justice of São Paulo, denied this Thursday (13) the habeas corpus request of physical trainer Sebastian Avellino Vargas, 43, from Universitario, in Peru.

The Uruguayan professional was arrested in the act on Tuesday, accused of racism during a match against Corinthians, in Itaquera, for the Copa Sudamericana.

On Wednesday, after a custody hearing, Sebastian had his arrest in flagrante delicto converted into preventive, therefore, without determined time. Thus, he should be arrested during the investigation process.

When filing a request for habeas corpus, his lawyers pointed out that preventive detention would be a “disproportionate” measure, considering that he is primary, has a physical residence and has a legal job.

In his decision, however, the judge stated that there are no requirements for granting the measure and that he did not verify a violation of the presumption of innocence, “but rather the presence of strong evidence of authorship and social danger, due to the concrete gravity of the conduct imputed to the patient”.

The magistrate also said that the precautionary arrest is adequate in view of the conduct, which generated great indignation in the social environment.

Videos circulating on social networks show the physical trainer positioning himself in front of the Corinthians fans and, apparently, imitating a monkey. “Clear and unequivocal gestures from the animal to Brazilian fans”, quotes the text of the judge’s decision. The offense provides for a maximum penalty of more than four years, “which justifies the precautionary custody decree”.

In a note released on Wednesday, Universitario defended the professional and stated that his arrest is arbitrary.

“The honor of a professional in our club has been tarnished. Sebastian Avellino was treated like a criminal in Brazil, spending the night in prison, which we consider an inadmissible, humiliating and outrageous act,” said an excerpt from the statement.

“We repudiate this type of humiliation on the part of the Brazilian authorities, who intend, without any proof, to carry out arbitrary arrests”, added the club.

Shortly after the match, still at the Neo Química Arena, Universitario coach Jorge Fossati said that Sebastián’s gestures “were misinterpreted”, but added that “if he made a mistake, unfortunately he will have to pay”.