On 28/01/2015, Flamengo, through an official statement, expressed its indignation due to the unfair punishment received by the club in a trial at the Superior Court of Justice of the National Basketball League, regarding the case of the non-realization of the game against EC Pinheiros, scheduled for 25/11/2014.

 

At the time, Flamengo announced that it would take three immediate measures in its defense:

 

1 – File, within the legal term, an appeal of the decision to the Plenary of the STJD of Basketball, requesting a new trial and review of the sentence.  

 

2 – To officially request the National Basketball League, in the name of transparency and fairness in the competition, to make public the inspection reports (Fire Department, CREA, Military Police and Fire Department) of all gymnasiums that host NBB matches. 

 

3 – Notify the National Basketball League of the reason for not having taken the same procedure in other cases in which matches could not be held. 

 

In the first item, we inform you that Flamengo has already filed its appeals and is awaiting a decision on the request for a stay of the first-instance ruling, as well as the scheduling of a new trial, this time before the STJD Full Court. We are confident that, this time, common sense will prevail and the Club's arguments will be accepted. 

 

Regarding items 2 and 3, to our deep disappointment, we received a letter dated 29/01/2015, in which the National Basketball League officially refused to provide any type of information to Flamengo, under the simple allegation of "absence of statutory provision" for such.

 

The LNB has always been a hope for the renewal of Brazilian basketball and a victory over the backwardness of the Brazilian sports model, typically present in federations and confederations. There has indeed been significant progress in recent years. The refusal to respond to an affiliate's allegations simply because there is no legal obligation disappoints and concerns us. This type of attitude is reminiscent of the sad attitudes of the archaic entities that the league's own model seeks to combat.

 

Therefore, so that Brazilian basketball fans can be aware of what is happening, we emphasize that the National Basketball League refused to make available to the general public the release reports from the gymnasiums where the matches are played, a regrettable attitude from an institution that was born to be an example of transparency and equity among its members.

 

Furthermore, the LNB refuses to explain to a founding member, the League's greatest champion, current world champion, and a leading contributor to Brazilian basketball, the reasons behind the differential treatment among clubs within the same league. On the one hand, we had an emphatic complaint signed by the National Basketball League in the text sent to the Public Prosecutor's Office regarding the match against EC Pinheiros; on the other, we see the League's neglect to report Bauru Basket, which a week earlier had its home game against Basquete Cearense suspended due to multiple leaks in its gymnasium. This game was only played the following day. It's worth noting one of the articles under which Flamengo was framed in the STJD trial – Article 211 of the CBJD: "Failure to maintain the venue designated for the event with the necessary infrastructure to ensure full security and safety."

 

Flamengo Basketball has won every competition it has participated in over the past two years, always on the court, without any outside interference or help. Given this history, it's strange that we've received the most severe punishment ever handed down to a club in its brilliant history in the NBB, unbalancing the results achieved by its athletes. It remains to be seen who benefits from the loss, not only to Flamengo but to all the other clubs competing for playoff spots—in an extremely balanced championship—if this decision is upheld. Winning or losing is part of the sport, but victories should be decided on the court.

 

In light of all that has been presented, Clube de Regatas do Flamengo informs the Brazilian basketball community that, starting from its last match and in all future NBB7 matches played at its opponents' home grounds, it will be playing "under protest" (recorded in the respective match reports), until the release reports from these stadiums are presented. We hope that we will be heard by those responsible for regulating Brazilian sport and that the National League will resume its path of rejecting the old practices that have hampered the sport for decades. We will not waver from our commitment to fighting against the lack of transparency and for democracy in national sport and will pursue the ultimate consequences, in all spheres of justice, to overturn the sentence and ensure equal treatment among the various clubs in the League.

 

Red-black greetings,

Alexandre Póvoa