Por Rômulo Morse
O presidente do Tribunal de Justiça Desportiva, Marcelo Jucá, negou nesta segunda a liminar para suspender de forma preventiva o Fluminense do Campeonato Carioca e o mandatário tricolor, Pedro Abad. O pedido foi feito por André Valentim, procurador-geral do TJD-RJ.
A decisão, provisória, ainda pode render a exclusão da instituição do torneio e será julgada por uma comissão disciplinar do tribunal em questão. Após tal julgamento, há duas instâncias restantes (o Pleno do TJD-RJ e, na sequência, o Pleno do do Superior Tribunal de Justiça Desportiva – STJD) até a decisão definitiva.
A denúncia é referente às polêmicas do duelo contra o Vasco, pela final da Taça Guanabara. O clube foi denunciado nos artigos 231 e 258-D do Código Brasileiro de Justiça Desportiva. O primeiro pode terminar com a exclusão do Flu do estadual e recebimento de multa entre R$ 100,00 e R$ 100 mil, relacionado a infração de acionar o Judiciário sem que esferas desportivas tenham se esgotado:
“Pleitear, antes de esgotadas todas as instâncias da Justiça Desportiva, matéria referente à disciplina e competições perante o Poder Judiciário, ou beneficiar-se de medidas obtidas pelos mesmos meios por terceiro”.
Já o artigo 258-D está ligado ao ato de conduta contrária à ética desportiva, que poderia render multa no valor de R$ 10 mil.
O mandatário tricolor, Pedro Abad, também foi enquadrado em dois artigos do mesmo código. Ele foi denunciado no artigo 243-D, que aborda “incitar publicamente o ódio ou a violência” (por conta da coletiva no último sábado, quando convocou o torcedor para “guerrear”). A pena cabível é suspensão de 360 a 720 dia, além de punição financeira, entre R$ 100,00 e R$ 100 mil.
O segundo (artigo 258) aborda “conduta contrária à disciplina ou à ética desportiva”. A penalidade seria em forma de afastamento de 15 a 180 dias.
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