Clube Regatas do Flamengo hereby clarifies some points raised in the note published in Ancelmo Góis' column, this Saturday (21), regarding the right to exploit advertising boards in the state championship organized by FERJ:
. In September 2016, Flamengo filed a declaratory action before the common court (TJRJ) and obtained, on August 02, 8, a preliminary decision granting the club the right to directly negotiate the use of advertising boards around the stadium pitches within the scope of the 2016 Rio de Janeiro championship.
The Federation initially appealed the decision and subsequently withdrew the appeal, opting to initiate arbitration in May 2017 before the Court of Arbitration for Sport in Lisbon, Portugal, the forum preemptively and unilaterally designated in FERJ's bylaws for disputes between the Federation and its affiliates. Flamengo believes that this provision is unreasonable (discussing national matters on another continent) and represents extremely high and damaging costs for all of the Federation's affiliates. In fact, Flamengo was represented at the first arbitration hearing in Lisbon by one corresponding European lawyer, and two lawyers participated via videoconference in Rio de Janeiro. FERJ, apparently not too concerned about such costs, sent at least two lawyers from Rio to Lisbon.
. Yesterday, October 20, 10, a first instance judgment was handed down in the ongoing case before the 2017th Civil Court of RJ, extinguishing the case without judgment on the merits, accepting the Federation's thesis and reversing the previous decision favorable to the CRF, granted on a preliminary basis more than 1 year ago.
Flamengo respects and complies with all court decisions, but understands that the ongoing legal proceedings before the 44th Civil Court are far from being concluded and will appeal the decision to the Rio de Janeiro Court of Justice in the coming days. The proceedings in the ordinary courts and the arbitration will therefore continue to run parallel until a final decision is issued in either court.
. Despite not agreeing with the opening of arbitration in Portugal, Flamengo, under no circumstances, could be absent from the aforementioned procedure, under penalty of being tried there in absentia.
The amount of €47 mentioned in the note corresponds to the value of the arbitration fees opened by Ferj in Portugal, the payment of which is the responsibility of the party that initiates the procedure, that is, FERJ itself, and which will be due in the end by the party that is defeated at the end of the referred procedure (or by FERJ if, in the end, the jurisdiction of the common courts in RJ is maintained).