STJD confirms warning punishment to Luis Osorio after being sent off in derby against Palmeiras
The STJD Plenary upheld by a majority of votes the warning applied to centre-back Luis Osorio, from São Paulo, expelled in derby against Palmeiras for 27th matchday of Brasileirão.
== sync, corrected by elderman == @elder_man
What happened?
The Plenary of the Superior Court of Sports Justice (STJD) decided on Thursday to maintain the warning applied to centre-back Luis Osorio, from São Paulo, expelled in the match against Palmeiros valid for the 27th matchday of the Brazilian Championship.
In practice, this means that centre-back will not have to comply with any additional suspension game and remains at the disposal of the São Paulo coach for the next rounds of Brasileirão.
How was the bidding that originated the case
Osorio was sent off 39 minutes into the first half of derby against Palmeiras, after hitting an opponent's ankle with excessive force in a ball match.
In addition to the immediate sporting impact, the expulsion left São Paulo with one player short for about 62 minutes of play one of the defense's central arguments in the trial.
From first instance to plenary
The case went through three stages: the first was a murder trial . The second was an execution .
- The Court of First Instance held as follows in Case T-112/02: ' ... . The Second Disciplinary Committee initially applied a suspension item, but converted the punishment into a warning.
- Appeal by the Public Prosecutor's Office: No. 1 to be filed The supervisory authority appealed to the full court requesting that the conversion be dismissed and a higher than minimum penalty applied.
- (Parliament adopted the legislative resolution) ' and in particular Article 3 (2) thereof. ' The auditors upheld the warning by a majority vote.
Arguments at the Trial
The defense of São Paulo, led by lawyer Pedro Moreira, maintained the decision in first instance based on three points: the low severity of the throw, Osorio's primacy and the fact that the player has already complied with the automatic suspension resulting from the red card.
Auditor Sérgio Furtado Coelho, rapporteur of the proceedings, voted to uphold the decision. According to him, in addition to the primacy of the athlete, the consequences already suffered by the player and the team should be considered, which was one less for about 62 minutes.
The rapporteur was accompanied by the auditors Maxwell Vieira, Luiz Felipe Bulus and Anderson Prezia.The president of the court, Luís Otávio Veríssimo, was the only one to disagree partially, voting to remove the conversion in warning and maintain the penalty of a match suspension.
Where the Case Ends
With the decision of the Plenary, Luis Osorio remains only with the warning applied in first instance. The chapter is closed: the Prosecutor's Office has not been able to reverse the conversion of the penalty, and centre-back is released to play for São Paulo for the rest of the competition.
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