The Court of Justice of São Paulo released this Tuesday (26) a decision that authorizes the entry of flags with masts in stadiums in the state of São Paulo. The permission takes place through a Supporter Defense Annex and gives fans back a right that was restricted for almost 26 years.
According to the TJ-SP, the entry of flags will follow guidelines from the Military Police, which will “specify the material, maximum size, quantity and specific sector [dos estádios] for use” of the masts.
The PM may also include other criteria that it deems relevant for the granting of the right and its respective inspection, especially aiming at the safety of fans and their families.
Thus, despite already having validity from its publication, the effective exercise of the right depends on such criteria. Sought by the report, the PM has not yet commented on the decision, nor has it given a deadline to define the criteria.
The decision was based on the Fan Statute, “a federal law that allows the entry of flag poles and supports into stadiums” and that will cancel the “previous state law that prohibited the entry of paraphernalia”. The use of flags with a pole, therefore, was already allowed in other states of Brazil.
In September 2021, there was a meeting between organized supporters in São Paulo with members of the Military Police, the Public Ministry, the OAB and the Health Surveillance, on the subject.
The meeting was organized by the SP police ombudsman, Elizeu Soares Lopes. According to him, the flags agenda was the one that advanced the most. The PM signaled positively about the return.
Flags with poles had been banned since December 1996. At the time, Governor Mário Covas sanctioned the law that vetoed “the sale, distribution or use” of, among other objects, “flag poles or supports” in stadiums.
The reason was the final of the São Paulo Junior Football Supercup of the previous year, between São Paulo and Palmeiras, which ended with an alviverde victory and a generalized fight between the two fans at the Pacaembu stadium.
According to Sheet reported at the time, 80 fans were injured, in addition to 22 police officers. São Paulo, Márcio Gasparin da Silva, then 16 years old, died.
At the time, Pacaembu was undergoing a renovation in the Tobogã (now demolished) and the construction objects were used in the fight.
The event was also notable for being the first time a fan fight went to trial. On the other hand, there was only one punished: Adalberto Benedito dos Santos was sentenced to 14 years in prison for doubly qualified murder..
The confusion caused the extinction of the Mancha Verde and Independente fans, which managed to remain active using similar names. Márcio’s family also tried to hold the City of São Paulo, the stadium’s administrator, accountable in court, but lost the case.
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