Brazil’s Supreme Federal Court has ruled that a soccer player cannot face criminal prosecution for match-fixing solely for intentionally receiving a yellow card, significantly narrowing the scope of such charges.
The nation’s highest judicial body determined Tuesday that while such conduct is reprehensible, it does not meet the legal definition of a crime under Brazil’s General Sports Law. The decision came from the STF’s second chamber.
Justices granted a habeas corpus to defender Igor Cariús. He had been accused of receiving money from bettors to intentionally get cautioned during a 2022 Brazilian Championship game while playing for Cuiabá.
The court voted two-to-one to suspend the criminal proceedings against Cariús.
Justice Gilmar Mendes cast the decisive vote. He argued that provoking a single yellow card “is not capable of altering or falsifying the result of a sporting competition,” which is a necessary legal element to constitute the crime.
This ruling effectively ends the criminal case against Cariús. It also establishes a precedent regarding the limits of criminal responsibility in sports betting cases.
However, the direct effects of this precedent are restricted to the specific case of Cariús.
Investigating judge André Mendonça voted against granting the habeas corpus. He believed there was sufficient evidence for proceedings, but his view was in the minority.
Cariús faced charges under Article 198 of the General Sports Law. This article penalizes soliciting or accepting advantages to alter sporting results.
Prosecutors alleged Cariús received 30,000 Brazilian Reais (approximately $5,200 USD) to force yellow cards in three matches. The judges who acquitted him concluded that an intention to influence bets does not fall under the crime’s scope if there is no impact on the game’s actual result or the competition’s outcome.
Earlier, the Superior Court of Justice (STJ) had denied a habeas corpus for Cariús. The STJ had argued that yellow cards could influence results as a tie-breaking criterion, thereby potentially affecting a competition’s final outcome. This interpretation was ultimately rejected by the Supreme Federal Court.
Separately from the criminal proceedings, Cariús was sanctioned by the Superior Sports Justice Court (STJD). He received a one-year suspension for his actions.
The Supreme Federal Court’s decision does not automatically apply to other similar investigations. Flamengo forward Bruno Henrique, for example, is also under investigation for alleged manipulation involving yellow cards.
Bruno Henrique’s accusation specifically involves direct fraud, distinct from violations of the sports code.