The decision, which still allows the consortium to appeal to the second instance, was made by Judge Alessandro Oliveira Felix, of Civil Court No. 51. See excerpts from the sentence below:
“It is also worth noting that the respondent has only the right to allow the public goods to be used in a risky manner. The intended site is a public asset of the State of Rio de Janeiro, where the respondent is merely the permission collector, not the owner, which makes it clear that the permission agreement is binding for both sides.
The above term specifies that “subject to availability of dates, other clubs in the State of Rio de Janeiro will be permitted to play official matches in the Maracana,” as well as “the licensee shall permit use of the stadium under equal conditions by other clubs in professional football.” […] and that the defendant must manage the process in order to host the largest number of first-class football matches on the stadium.
Since there is no match scheduled on the said date and taking into account the fact that matches are often held on consecutive days, there is no need to think about risking the condition of the stadium, given the health, safety and security of the public. “.
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