Colégio Santa Rita de Cássia, in Belo Horizonte, was sentenced in the first judicial instance to pay BRL 10,000 in moral damages for preventing a 10-year-old student from participating in a school soccer championship.
According to the decision, the girl tried to enroll in the “Jolim” tournament in July 2022, but her enrollment was denied by the school because, supposedly, there was no demand from students in that age group.
In a statement, the school stated that it will file an appeal and that “there has never been a negative opinion regarding the participation of students in the sports championships promoted by the College, only the adequacy of the modalities to the demand and age group of the students”.
The text of the decision points out that boys can participate in the football category of the “Jolim” tournament from the third year, while girls can only do it from the sixth. Before this series, they can only play in the “goalzinho” modality.
Emanuelle, aged 10 at the time, tried to sign up to play soccer, as she was already working in physical education classes and in schools.
The school refused the enrollment based on the composition of the teams foreseen in the regulation; supposedly there would be no teams of girls in this age group, nor the possibility of making mixed teams.
At the time, there were protests and reports in communication vehicles, asking for a change in the regulation. The school maintained the ban until the family went to court asking for urgent relief to allow the girl to participate in the tournament and compensation of R$30,000.
Urgent guardianship was granted and more girls showed interest in the sport. Thus, women’s teams were formed in Emanuelle’s age group to compete in the tournament and, now, a year later, the 1st Regional Court of Barreiro, in the District of Belo Horizonte, determined the payment of compensation of R$ 10,000 for the moral damages that she would have suffered.
Low demand and skill gap
During the process that culminated in the conviction, the defense of Colégio Santa Rita stated that there were no female teams in this age group at “Jolim” because there would be “low demand” and “less interest” from female students in soccer. In addition, the school pointed out differences in ability between boys and girls.
Judge Rodrigo Ribeiro Lorenzon, in turn, questions whether the difference in ability is “real, effective, biological or just due to the lack of practice of football”, and whether the “low demand” would not be caused simply by the lack of encouragement for girls to practice the sport. ”
“It is necessary to break paradigms and start encouraging the practice of soccer by girls, regardless of their age, which makes it possible to implement the principle of equality between men and women”, he says.
He stresses, however, that “no one is imputing, in general, discriminatory or prejudiced conduct to the College”, but declares that “the College cannot, under identical conditions (students up to the fifth year), allow the participation of boys and prohibit the participation of girls in Jolim, in the football modality, since such conduct violates the constitutionally guaranteed equality between men and women”.
Read the school’s statement in full.
“By means of this Official Note, Colégio Santa Rita de Cássia expresses its position regarding the Judgment that condemned the institution to pay compensation for moral damages as a result of the student’s alleged refusal to participate in school games.
Initially, it is important to clarify that, contrary to what has been reported by the press, there has never been a negative opinion regarding the participation of students in sports championships promoted by the College, only the adaptation of the modalities to the demand and age group of the students, in their regular exercise of rights.
In addition, the Institution’s commitment to promoting equality and inclusion is reaffirmed, repudiating any form of discrimination.
With regard to the process, it should be noted that the decision handed down in the first instance is subject to reform by the higher instances and that the handed down judgment will be subject to an appeal.
Colégio Santa Rita de Cássia, through its Board of Directors and Legal Counsel, once again expresses its dissatisfaction with the decision handed down and reaffirms that all its activities are based on national legislation.
We trust that, on appeal, we will succeed in reforming the decision, considering the various legal grounds and evidence produced during the procedural instruction.
On that occasion, we vehemently repudiate any attempt to tarnish the College’s reputation by attributing to it the alleged practice of prejudiced and discriminatory acts, reaffirming the values and commitments assumed by the Institution before civil society.
Finally, given the certainty of the non-existence of an unlawful act committed by Colégio Santa Rita de Cássia, the process will continue to be closely monitored by our Legal Body, so that the conviction is removed and JUSTICE achieved in the specific case.”
Source: CNN Brasil
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