A trial can only be considered fair when the accused has a real opportunity to defend themselves, and this begins with valid service of process. Without it, there is no awareness of the accusation and, therefore, no defense.

The same applies in Sports Justice. Although it has its own particularities, it must comply with the same principles set forth in the Constitution and in international treaties: due process, full defense, impartiality, and the right to be heard. Without proper notice to the athlete, coach, or official, any judgment is null and void, as the proceedings become unequal—only the Prosecutor’s Office is aware of the procedural acts.

Sports legislation is clear on this matter. Article 74 of the Brazilian Code of Sports Justice (CBJD) provides that service must be personal whenever possible. Notifying the club does not equate to serving the athlete, especially when the individual is no longer part of the team. If there is no proof that the accused was properly served, the tribunal must stay the proceedings or annul them entirely.

This defect may be recognized at any time, including by means of a petition.