Empire asks for new analysis of Justice

The legal body of Império Alviverde, organized fans of Coritiba, requested a new analysis of the decision of the Court of Justice of Paraná (TJ-PR), which denied the injunction to suspend the ban on almost two thousand fans from entering Couto Pereira.

The team asks TJ-PR to review the decision of judge Maria Aparecida Blanco de Lima, who maintained the ban on fans, last Tuesday (6).

Since last Friday (2), 1,775 Coritiba fans have been banned from accessing Couto Pereira to watch the games. In the new complaint, the team claims that, of the fans, only 350 are active members of the organization.

“In view of the above, the receipt of this Internal Appeal is requested to
reform the decision to reject the preliminary injunction made by the Reporting Judge, in order to ensure the freedom and guarantee the fundamental rights of thousands of innocent people, even without the use of materials that identify the Association now Appellant, restricting the punishment required by the MPPR only to the invaders, who have already been identified and held administratively and criminally responsible”, requests the document.

According to Império, the decision violates the rights of fans. Among those barred are children, the elderly and even people who were not in Vila Capanema on the day of the incident.

Read too:

Public Ministry commented on the case

In November last year, after a fight in the duel with Cruzeiro, in Vila Capanema, for the Brasileirão, Império and Dragões, organized by Coxa, were banned, in an administrative measure by the Military Police of Paraná (PM-PR) with support from the MP- PR, to enter stadiums wearing clothing that identifies them, in addition to other materials.

Last week, the decision extended to any member of the organization, regardless of materials or attire. Wanted by OneTwo Sportsthe MP-PR commented on the punishment.

See the note in full.

“The ban on the entry of fans of the organized fan groups Império Alviverde and Dragões Alviverde, from the Coritiba Foot Ball Club team, is contained in a preliminary decision (Docket number 0038903-80.2023.8.16.0001) from the Court of the 19th Civil Court of Curitiba, based on an action public civil case presented by the Public Ministry of Paraná, through the Consumer Protection Prosecutor’s Office of Curitiba. The legal measure stems from episodes of violence that occurred in a game between Coritiba and Cruzeiro Sport Clube, on November 12, at the Durival Britto Stadium, in the capital, when several members of the organized groups invaded the field and clashed.

There is no need to mention any offense to consumer rights, as this is a punishment provided for in the General Sports Law itself (Law 14,597/2023, articles 183 and 184) – excerpts below:

Art. 183 § 2º Organized fans who, in a sporting event, promote riot, practice or incite violence, practice discriminatory, racist, xenophobic, homophobic or transphobic conduct or invade a place restricted to competitors, referees, inspectors, managers, organizers or journalists will be prevented, as well as their associates or members, from attending sporting events for a period of up to 5 (five) years.

Art. 184. The provisions of § 5 of art. 178 and in § 2 of art. 183 of this Law applies to organized fans and their associates or members involved, even if in a place or date different from those related to the sporting competition, in the cases of:

I – invasion of training site;

II – confrontation, or induction or assistance to confrontation, between fans;

III – offenses committed against athletes, competitors, referees, inspectors or organizers of sporting events and journalists mainly or exclusively focused on covering sporting competitions, even if they are not currently working in the competition or directly involved with the event.

The fan lists were handed over by the organized fans themselves to the Military Police, who passed them on to the Judiciary, as determined by the preliminary decision. In any case, it should be noted that the obligation for organized fans to maintain an updated register of their members is provided for in the legislation itself (article 178, § 4 of Law 14,597/2023 – General Sports Law), which also establishes that the fans organized responds civilly, objectively and jointly, for damages caused by any of its associates or members at the venue of the sporting event, in its surroundings or on the way to and from the event“, states the institution.

It is noteworthy that although the list contains approximately 1700 names, only
350 are active members of the association

This internal appeal is filed with the aim of reforming the decision
monocratic statement delivered by Judge Rapporteur Maria Aparecida Blanco de Lima, in
in accordance with Article 360, § 1, of the Internal Regulations of the Court of Justice of the State of Paraná.
In the same sense, Article 1,021 of the Code of Civil Procedure provides for the possibility
of the internal appeal against the monocratic decision made by the rapporteur.
Therefore, there is no doubt as to the appropriateness of this internal appeal.

The Reporting Judge Maria Aparecida Blanco de Lima rejected the request
injunction in an Interlocutory Appeal, formulated with the objective of suspending the effects of the 1st degree decision handed down in No. 0038903-80.2023.8.16.0001 (mov. 14.1 of the
no. 0007210-47.2024.8.16.0000).
However, as will be demonstrated, the decision under appeal violates the rights
foundations of thousands of innocent people and deserves to be reformed, so that the
injunction requested without mentioning the Interlocutory Appeal.