When she entered the court, Tifanny, 41, was greatly applauded by the public present at the Moringão gymnasium, in Londrina (PR). His presence was treated as a victory for Osasco even before the duel against Flamengo in the semi-final of the Brazilian Volleyball Cup.
The day before, the Londrina City Council had approved, as a matter of urgency, a request to bar the athlete from participating in the match. The attempted ban triggered a legal dispute that ended with a decision in favor of the trans player.
Many fans shouted the player’s name during the São Paulo team’s presentation, and the athlete entered the court carrying a child on her lap who was holding a sign supporting her.
With the presence of its opposite number on the court — the team’s reserve, she was called upon at times throughout the match —, Osasco beat Flamengo by 3 sets to 0 (16-21, 24-25 and 17-25) and advanced to the final of the tournament.
Tifanny scored the last point of the game and sealed the classification, being greatly celebrated by her teammates.
In the decision, the São Paulo team will face the winner of the duel between Minas and Praia Clube, who will also play this Friday (27), at 9 pm (Brasília time). The final will be played on Saturday (28), at 9pm.
The attempt to prevent Tifanny’s participation led to a legal dispute that reached the STF (Supreme Federal Court) and the State Court of Paraná. The move occurred after the Londrina City Council approved, on Thursday (26), the request to prohibit the athlete from playing in matches played at the Moringão gymnasium, the tournament’s headquarters.
The project, presented by councilor Jéssica Ramos Moreno (PP), had 12 votes in favor and four against. In the request, the parliamentarian cites Tifanny’s registration in the competition and asks for compliance with a 2024 municipal law that prohibits the “participation of athletes identified contrary to their biological sex at birth in sports teams and in competitions, events and disputes involving sports” in Londrina.
To guarantee the player’s participation, the CBV (Brazilian Volleyball Confederation) contacted the Londrina Public Finance Court and also filed a lawsuit with the STF. In its complaint, the organization states that Tifanny is being subjected to prejudice, cites her ability —according to the confederation’s parameters— to compete in women’s competitions and requests measures to ensure her presence in the Copa Brasil.
At the STF, the process was distributed to Minister Cármen Lúcia, who granted an injunction authorizing the athlete’s registration in the tournament finals.
“I partially grant the injunction, only to provisionally rule out, in this specific case, the incidence of restrictions on the participation of transgender athletes in a sporting event organized by the complainant in Londrina, prohibiting the application of fines or license suspension by the Public Authorities, until the merits of this complaint are examined”, wrote the minister.
In a parallel decision, the State Court of Paraná also accepted the CBV’s request and determined that the municipality does not prevent the Copa Brasil Feminina from being held. When analyzing the case, judge Marcus Renato Nogueira Garcia stated that, on a formal level, municipal law can challenge the competence of the Union, the States and the Federal District to legislate on sports matters.
The judge also added that, from a material aspect, the rule presents signs of unconstitutionality as it reaches constitutional foundations related to the freedom and dignity of trans people.
According to Mariana Araújo Evangelista, lawyer at Ambiel Bonilha Advogados and specialist in Sports Law, the Federal Constitution, in its art. 217, I, expressly ensures the autonomy of sports entities regarding their organization and functioning.
She added that the municipality can regulate administrative aspects related to the holding of events, such as permits, security and use of public space, but it does not have legislative competence to interfere in the technical regulations of a national competition, nor to determine who can or cannot compete under rules established by the organizing entity.
According to Rogério Friedman, endocrinologist, professor at the Faculty of Medicine at UFRGS (Federal University of Rio Grande do Sul) and consultant at ABCD (Brazilian Doping Control Authority), although in academia there is still no consensus on a possible trans advantage in the female category, the best evidence available to date for these cases is the athlete’s testosterone level.
