Due to Serginho's death, São Caetano could be obliged to start all over again, from the C division. http://ultimosegundo.ig.com.br/materias/esportes/1788001-1788500/1788346/1788346_1.xml But I'm more concerned about the penalties that will be given in the real Justice. The club knew he could die at any moment but still put him to play the games. That's legally a homicide (culposo). I say jail to the president of the club, if he knew about this. What do you think?
I think if the player knew of his condition and still decided to play, it's nobody's fault but his own.
According to my basic understanding of US law, what PsyKoh said above would probably be São Caetano's best defense - the team (and its owners/managemnet) could be absolved of any accusation of negligence. But how about in Brasil? Is the STJD considered powerful enough to enforce such a "decision", even if disproved in a criminal or civil court? Bad news, if true... São Caetano as a team does not deserve to be whacked like this, I think - they've already been hit pretty hard.
In Brazil it's different. Even if he signed a term of responsability. In Brazil this term has no legal effect, you can't renunciate your own rights. What this term could do is give the responsables a less severe punishment, but that depends on the judge's decision.
If the Supremo Tribunal de Justiça relegates São Caetano to the 3rd division, it is yet another example of how Brazilian soccer needs housecleaning. Now don't get me wrong. I wouldn't be surprised if there was indeed some serious unprofessional conduct or irresponsibility somehwere. But however responsible the senior officials of São Caetano may be, to send the team to the 3rd division would be unfair and unreasonable. Why punish the rest of the players, who mourned Serginho's passing, who are the ones who were his true comrades? Aren't they the ones who brought this team from the lower divisions to a 2nd place in the Libertadores and several consecutive years of being a serious contender for the national championship? Aren't these the guys who didn't lose to Boca in 2004 and only lost on PKs? It's things like these that IRK me about Brazilian soccer and about much of Brazil in general. I was born there, I love Brazil, etc., but these pathetic things make me sick. When Reggie Lewis died in the late 80s (or was it early 90s), were the Boston Celtics sent to the CBA? The greater problem here involves accountability, reduction of red tape, proper procedures, etc... Brazilians involved with soccer need to get their act together. Disorganization has long been the order of the day. Teams like São Caetano are a success story to be admired, the recent tragedy notwithstanding.
On the other side, I think teams like Vasco should be relegated to the 3rd division, and the fans would have to pay for it, just because of Eurico Miranda and company. Imagine how it would be. in the first 5 years would be chaos, but after that, Brazilian soccer would be reborned free of all those corrupt cartolas, and the Brasileiro will be as good as Europe's leagues. Today, even Argentina has a better and more watched league. Everyone knows most of dirigents are corrupts, but normal justice is too slow and reckless. So the desportive justice should punish them severly. What we have today is bad management, crappy stadiums, money laundry and tax evasion, dinossaurs (like Edmundo) playing only because they're friends of the president and unpayed players.
As I said: Brazilian soccer needs a thorough housecleaning. Eurico Miranda is a parasitical bastard, but one thing I found interesting is that he defends "amadorismo." What a load of nonsense. People crapped on Pele due to the Pele Law but the Law that came into effect was modified from the proposed Law that Pele put on the table. What I would suggest is that CBF choose either of the two: 1. Turning the first division into an NBA-type league 2. Turning the first division into a Premiership-type league What was the last time anyone heard of corrupt English club officials? THings are organized there. The English have reasons to be proud of their Premiership and FA Cup, and even their 1st, 2nd, and 3rd Division tournaments are well organized. As for the NBA-type change, I would advocate it if conditions in Brazil were acceptable. CBF isn't a league, it's just the highest body of Brazilian soccer, but if a league were created, with CBF as the central authority with REAL power to punish clubs and club officials, then MAYBE we'd see improvement. I would suggest the American league format only because I've seen it work very well here in the United States. But because "jeitinho brasileiro" never goes away and because there is a serious lack of SERIOUNESS back in Brazil, I speculate that we'll struggle with these issues for a long time....
Re: Breaking news: "Soccer Club to Be Charged With Murder" Good grief... http://my.ev1.net/english/news/newsarticle.asp?articleID=45822306&subject=sports Does anyone really believe Serginho to have been "murdered"?