Case Richarlyson
Richarlyson, aged 24, is a football player of São Paulo FC, one of the most important teams in Brazil.
By the end of June 2007, there were rumors that a professional 
football player would declare publicly his homossexuality. A director of Palmeiras, another major team in São Paulo, was being interviewed in a sports show. When the interviewer asked the director, José Cyrillo Junior, whether such player played for Palmeiras, he naively answered: “No, Richarlyson almost signed with us, but he ended up signing a contract with São Paulo”. The next day, Richarlyson’s name was on the headlines of all sports newspapers, referred to as “the gay player”.
Even though Cyrillo’s words hadn’t shown any prejudice (it was more like “ops, it escaped me”), Richarlyson decided to prosecute him,alleging crime against honor. In Brazil, the prejudice against homossexuals is not a crime (there is a draft of law about this subject being discussed in Congress, but it has a long way to go), so it would not be easy for Richarlyson to prove his claims.
The Judge, Manoel Maximiano Junqueira Filho, issued his sentence on July 5th. The full text (PDF) is here. Some excerpts of the decision:
“3A - If he isn’t homossexual, he shouldn’t care; he should go to the TV show and state his condition of heterossexual;
3B - If he is a homossexual, he should admit it, or silence. In such case, however, he should abandon the football fields…
All those who ever played football know that this kind of unfortunate conversation demand an immediate reply, on the spot, between the offender and the offended, tète-a-téte”.
To bring such episode to the Justice is nothing but attach exaggerated importance to an issue which is insignificant, compared to the grandness of Brazilian football.
….
5. … this Judge responds: football is a tough game, not for homossexuals…
…
9. Not that an homossexual couldn’t play football. If they want, do it. But create their teams and their own League. Set up games against those who want to play against them.
10. What escapes me is why the Gay Association of Bahia and some columnists attempt to bring homossexuals to the football fields.
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17. That’s what I think… and because I so think, in my position of Magistrate, so I say.
…
”
The decision sparked a wave of indignation, not much because Richarlyson lost the cause, but because of the reasoning presented by the Judge. The decision was based not on the law, as should be, but on the personal opinions of the Judge.
On August 2nd, the National Council of Justice (read more about CNJ) determined that the Judge should present explanations of his conduct; an administrative investigation could be started. On August 3rd, the Judge lost his office. On August 7th, the President of the Association of Judges of Brazil said that the decision was illegal.
- August 12th. Richalryson declares to newspaper Globo that he is not gay, and says that, if he were gay, he would admit it.