Flamengo or Sao Paulo? Justice once again defines who owns the first five-man Brazilian Polka Dots Cup; check

Flamengo or Sao Paulo? Justice once again defines who owns the first five-man Brazilian Polka Dots Cup; check


The owner of the trophy was determined in a lawsuit filed by the Rio club




The action brought by Flamengo against the Brazilian Football Confederation (CBF) and São Paulo, who claimed the Bolinhas Cup, was rejected on Tuesday by the 1st Civil Court of Barra da Tijuca, in Rio de Janeiro (7). Therefore, the São Paulo team remains the owners of the trophy.

The controversy over the cup awarded to the first five-time Brazilian champion has dragged on in recent years along with that over the title of the 1987 Brasileirão, won by Sport. In court, Flamengo sought to be recognized as national champions against the Pernambuco team, which would make the Rio de Janeiro teams the first to meet the criteria to win the Taça das Polinhas.

Created in 1975, the trophy would be awarded to the first five-time Brazilian champion, alternately winning the competition, or to the team that won the national title three consecutive times. Denying Flamengo’s request to be identified as the 1987 Brazilian champions, judge Arthur Eduardo Magalhães Ferreira also recognized that São Paulo was the first club to meet the criteria needed to win the Bolinhas Cup.

In addition to the decision to keep the 1987 Sport champions and, consequently, São Paulo holders of the Bolinhas Cup, the judge interpreted the action as an attempt to contest an issue already resolved in the higher courts, without the need for a new evaluation.

“It is argued that the recognition, by the Defendant, of the right of the São Paulo Futebol Clube to the aforementioned Trophy is, evidently, due to the decision issued by the Judiciary, in the sense that Sport is the only legitimate champion of the Brazilian Football Championship of the year 1987, which is why the Defendant respects only the authority of res judicata, as it could not be otherwise, there being no state of uncertainty in this sense, but, on the contrary, of total certainty. Author, in truth, with abuse of the right of action, since he does not respect the judicial decisions that recognized the Sport as champion in 1987, consequently taking away his right to the Copa Brasil Trophy, and must be condemned with the penalties of litigation in bad faith”, wrote the magistrate in the sentence.

In addition to rejecting the request, the court warned Flamengo of the abuse of the right of action and ordered him to pay court costs and R$20,000 for the services provided by the lawyers of CBF and São Paulo.

Source: Terra

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