Brazilian Supreme Court Rules Forcing Yellow Cards Doesn’t Constitute Criminal Manipulation of Results
The Brazilian Supreme Court has delivered a landmark ruling, determining that a footballer cannot be criminally prosecuted for seeking to manipulate results solely by intentionally receiving a yellow card. The court found that while the conduct is ethically questionable, it does not meet the legal threshold for a criminal offense under the country’s General Sports Law.
The decision stemmed from a case involving Igor Cariús, a full-back accused of accepting payment from bettors to be cautioned during a 2022 Brazilian Championship match while playing for Cuiabá. By a vote of two to one, the Second Chamber of the Supreme Federal Court (STF) granted Cariús a habeas corpus, effectively suspending the criminal proceedings against him.
According to a key magistrate, Gilmar Mendes, the act of securing a single yellow card “is not capable of altering or falsifying the result of a sporting competition”—a crucial requirement for a criminal conviction under the law. This interpretation establishes a significant precedent regarding the boundaries of criminal liability in cases involving sports betting, though its immediate impact is limited to Cariús’ specific situation.
While Judge André Mendonça dissented, arguing sufficient evidence existed to proceed with the case, he was outnumbered. Cariús had been charged under article 198 of the General Sports Law, which prohibits seeking or accepting advantages to influence sporting outcomes.
Prosecutors alleged Cariús received 30,000 reais (approximately $5,632) to accumulate yellow cards over three days. However, the magistrates who overturned the charges determined that the intent to benefit from betting does not constitute a crime unless it demonstrably impacts the competition’s result.
Prior to the Supreme Court’s intervention, the Superior Court of Justice (STJ) had denied a similar habeas corpus request, reasoning that yellow cards could influence tie-breaking scenarios and, therefore, potentially affect the tournament’s final outcome. The Supreme Court explicitly rejected this line of reasoning.
Cariús was also sanctioned within the sporting realm, receiving a one-year suspension from the Superior Court of Sports Justice (STJD). However, the Supreme Court’s ruling does not automatically extend to other similar cases currently under investigation.
Notably, the case of Flamengo striker Bruno Henrique, who is also being investigated for alleged card manipulation, remains separate. Henrique is accused of fraud – a distinct charge from violations of the sports code – and therefore is not directly impacted by the Cariús ruling.
