‘They won’t decide what’s fair for us’, says victim’s mother

Four years ago, on February 8, ten young Flamengo athletes died in a fire at the team’s base accommodation in Ninho do Urubu. Sixteen boys survived. And, of the 26 families involved in this tragedy, only one has not yet reached an indemnity agreement with the club. On December 2, 2021, the family of goalkeeper Christian Esmério, one of the fatal victims, filed a lawsuit against Flamengo, at the 33rd Civil Court of the Rio de Janeiro Court of Justice (TJ-RJ) with a claim for compensation of R$ 8.4 million. The process is still in its initial phase.

– We don’t think it’s fair for Flamengo to decide how to finalize all this, how much they think the compensation should be. In our point of view, there is no justice with the payment of compensation – says Andreia de Oliveira, Christian’s mother, who said that Flamengo did not accept the value proposed by her family in the action. “So what we want is for the judge to determine what’s fair. They (Flamengo) will not decide what is fair for us.

The family’s lawyer, Louis de Casteja, informed that the process is in its initial phase and that Flamengo, when contesting the action, requested the inclusion of the company responsible for maintaining the air conditioning. This issue is pending consideration by the judge of the 33rd Civil Court.

In the opinion of the family and the lawyer, it is “a maneuver by Flamengo to delay the progress of the feat since its responsibility is unequivocal”. There are three other processes on the case, with eleven people denounced by the Public Ministry (MP): two are in the 36th Criminal Court (in the first instance), whose last movement was in November 2022 (communication about the dismemberment).

In May 2021, the criminal case was dismembered after the official responsible for watching over the container where the athletes were was acquitted. Justice rejected the MP’s complaint against the club’s former engineer and one of Flamengo’s executives. Thus, the MP appealed, and now there are two different processes.

The third process is in the 3rd Criminal Chamber (in second instance), with the last movement dated in June 2021. According to the Court of Justice of Rio de Janeiro (TJ-RJ), there is still no forecast of movement in the three processes or inclusion of the themselves on the agenda.

This Wednesday, at 6 pm, Andreia and other relatives of the victims will participate in a symbolic act, organized by the Flamengo da Gente collective, in memory of the boys.

The homage will take place near the wall where the artist Airá Ocrespo painted the faces of the ten victims three years ago. The work is on a wall near Maracanã, in front of the North sector. With the help of a virtual kitty, this painting was redone.

— At the time, we thought of making a counterpoint to the Public Power and Flamengo. And we, passionate fans, did what we thought was right: in addition to respecting the families’ pain, we created a memory of the tragedy. It’s a tribute to these boys, facing the Maracanã, where they dreamed of playing — recalls supporter Carlos Motta, one of the project’s creators.— Life is priceless. Neither that of a son of a senior club director, nor that of a young boy from the base. Staying in this discussion about compensation, whether it is expensive or cheap, impoverishes the pain of these families. That is why, at the time, we thought about reception. And we still do that today.