The tribunal will also analyze if Brazilian Cup champion Flamengo should lose points because of an alleged irregular use of left back Andre Santos in the last round. That ruling could relegate the country's most popular club if Vasco is successful with its own attempt.
The Brazilian football federation said Portuguesa should not have used midfielder Heverton in the match against Gremio on Sunday. The player had been suspended for two matches, but Portuguesa said it was mistakenly advised by one of its lawyers that it was a one-game suspension.
"I never said it was a one-game suspension," the lawyer Osvaldo Sestario said. "I have nearly 10 years of experience in these cases, I wouldn't do that. I don't know what happened, I don't know what was the mistake. I like Portuguesa a lot and I hope the club can prove that it was not at fault and that it can remain in the first division."
Portuguesa fired Sestario later Wednesday, according to GloboEsporte.com.
The club said it has legal grounds to avoid losing the points. It claims that, according to current legislation, Heverton's suspension couldn't have taken effect against Gremio because the trial happened too close to the match.
"He could play," said Orlando Cordeiro de Barros, the head of Portuguesa's legal department. "The trial was on Friday, so the suspension would only be valid the next business day."
The official document announcing the suspension was published on Monday, a day after the match.
Heverton received a two-match suspension for cursing at the referee after the final whistle in a Nov. 24 match against Bahia. Usually a reserve, Heverton entered Sunday's match in the 78th minute.
"These types of maneuvers to change what happened on the field should not be taking place in Brazil anymore," Barros said. "It's a bad example and an embarrassment to Brazil, a country that will be hosting the World Cup."
It would not be the first time Fluminense benefited from an off-the-field ruling to avoid relegation. The Rio de Janeiro club was relegated for the first time in 1996 but remained in the top flight because of supposed irregularities with refereeing at the time. Fluminense was relegated again in 1997 and then dropped to the third flight the following year, but a change in the competition's format allowed Fluminense to move straight into the first division in 2000.
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