The player Damián Bobadilla, 23, from São Paulo, was indicted on Wednesday (11) for the alleged crime of racial injury, according to the SSP (Secretariat of Public Security).
The indictment occurred after he gave testimony at Drade (Police Station for Racial Crimes and Crime of Intolerance).
“The suspect gave testimony on Wednesday (11) and was indicted for the crime of racial injury. Diligences proceed to the full clarification of the facts and conclusion of the police inquiry,” the portfolio said.
Rodrigo Correa Baptista, Drade’s delegate, told the press that the player did not present witnesses.
“He appeared with his lawyer. He clarified all the points that were questioned, but the elements really fall against him. Even the victim’s version is corroborated with versions of other witnesses. He did not indicate any witnesses that he could ward off the credibility we have in the version of these witnesses, who are players of the Tallers, so, for this reason he was indicted for the crime of racial injury,” he said.
In case of conviction, the penalty may reach five years, according to the delegate.
“The penalty of racial injury can reach up to five years. The fact is serious, but has no justification for being arrested during the investigation,” he said.
On May 27, the Venezuelan player Miguel Navarro of Argentine Talleres denounced “an act of xenophobia” from Paraguayan midfielder Damián Bobadilla, from Sao Paulo, during the Libertadores Cup duel. The match between the two teams took place at the Morumbis stadium.
Conmebol (South American Football Confederation) opened the following day a disciplinary process to investigate the case.
Navarro and Bobadilla, players of their countries’ teams, were surprised in the final stretch of the game, which was won by 2-1 by the Paulista Tricolor.
After the discussion, the 26 -year -old Venezuelan began to cry, and Chilean referee Piero Maza interrupted the match for a few minutes. Companions and opponents comforted Navarro, and the duel continued.
“I go to the last consequences in the face of xenophobia I experienced today in Brazil at the hands of Damián Bobadilla,” said Navarro after the game in an Instagram post.
“I would like you to have in my hands the solution to hunger in my country […] I will never be ashamed of my roots, “added Navarro, referring to the humanitarian crisis in Venezuela.
Later, in statements to the press, he said the opponent called him “Hunger Dead Venezuelan.”
Bobadilla has played in Sao Paulo since 2024. His father is the former goalkeeper of Paraguayan team Aldo Bobadilla.
Apology
The Paraguayan player spoke on social networks after the game. First, he said he had a discussion with Talleres players and, according to him, would have been “treated with contempt.” Then he acknowledged that “he acted badly.”
“In the heat of the moment I reacted badly and, well, I apologize publicly. If I have the opportunity to talk to him in person, I will also apologize. I just wanted to clarify this and send a big hug to everyone,” said the athlete in a video.
In a statement, the Tricolor team said that “they are closely following the facts by the competent authorities and collaborating in full with the ongoing investigations.”
The club also said that “vehemently repudiate any manifestation of discrimination, prejudice or intolerance, whether racial, ethnic, national or any other way.”
According to the statement, Bobadilla never had a history of negative disciplinary conduct. Therefore, it will receive institutional support from São Paulo, but even so, will undergo educational measures.
“The club will provide that it is properly oriented through educational measures that will be conducted by the compliance area,” said the tricolor team.
In Brazil, racism is considered a crime, punishable by between two and seven years and a half years. Clubs in the country have insisted acts of racism against their players in matches as a visitor in the continental tournaments.
According to Rosana Rufino, chairman of the OAB-SP Racial Equality Commission, the fact that the offense has occurred before a large public and with wide coverage in the press is aggravating the case and can be considered by the judiciary to determine the punishment to the athlete.
The note itself released by the club, as well as the video with an apologies made by the athlete, “can facilitate the police inquiry,” says Rufino.
Also according to the lawyer, even if the victim does not continue the action, constituting a lawyer in the country, as the fact is public, it is a “unconditional public criminal action. So, the prosecutor can continue the process even without needing a representation or manifestation of the victim,” explains the defender.
