Copa America overcomes judicial hurdles and starts on Sunday in Brazil

RIO DE JANEIRO, BRAZIL – The Copa America will finally start this Sunday in Brazil, after the Federal Supreme Court (STF) rejected on Thursday three appeals that tried to prevent the South American soccer tournament due to the high incidence of Covid-19 in the country.

The last remaining judicial hurdle to the holding of the tournament fell at the Supreme Court, which in a majority decision ratified the court’s precedents that the last word on sporting events during the pandemic is left to each of the governors of the country’s 27 states.

In soccer terms, the ruling was a “rout”, since the first 6 of the 11 members of the court who voted rejected the three lawsuits against the tournament filed by two political parties and a union, thus making the ruling definitive.

These actions alleged the lack of control of the health crisis in a country that already has almost 480,000 deaths and is on the verge of a new pandemic wave as an argument to prevent the holding of the championship, which will bring together ten teams from South America.

The only caveat the court made is that a security protocol be presented, which according to the South American Football Confederation (Conmebol), will be similar to that of other tournaments held in Brazil and the region, which keep the team delegations in rigid “bubbles” and with matches played without spectators.

A RULING SUPPORTED BY COURT CASES THAT BOLSONARO CRITICIZES

The STF decision was supported by the vote of the rapporteur of the case, Justice Carmen Lucia Antunes, who stressed that in previous rulings, the court had already determined that governors and mayors have the power to suspend or release activities in their territories, whether economic, social or even sporting.

In this particular case, Carmen Lucia said that “it is up to them to define, enforce and control the protocols so that there is no ‘copavirus’, which is a source of infections and transmission of new strains.”

He also pointed out that the local authorities, “if such were the case”, could be held responsible in the future “for their administrative decisions” and the consequences they may eventually generate.

The court decisions on which the ruling was based has been condemned on several occasions by Brazilian President Jair Bolsonaro, who accuses governors and mayors of having “destroyed jobs” by suspending economic activities to contain Covid-19.

Ironically, however, that same legal basis now allows holding a tournament that the ultra-right-wing Bolsonaro did not hesitate to accept once Argentina and Colombia desisted from organizing it.

PLAYERS’ TIMID RESISTANCE AND COMPANIES’ FEARS

Last May 31, when Conmebol announced that Brazil would host the Copa America with Bolsonaro’s approval, a wave of criticism was unleashed by Brazilian political sectors, joined by health experts and even many players.

There were contacts between the South American teams, and the Brazil squad even considered not playing. However, these threats did not prosper, and, even with a critical position, all players have decided to participate.

“We are against the organization of the Copa America, but we will never say no to the Brazilian national team,” said players and members of the coaching staff, as reported on Tuesday.

However, criticism of the tournament resonated with some of the companies sponsoring Copa America.

The U.S. multinational Mastercard announced on Tuesday its decision not to promote its products in this edition of the Copa America, as did Ambev, the Brazilian subsidiary of the Belgian multinational AB InBev, the world’s largest brewery.

On Thursday, Diageo, owner of drinks brands such as Johnnie Walker, Smirnoff, and Tanqueray, also made the same statement and, like the other companies, will refrain from promoting its products in this tournament.

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