Fala, Direito! – O que aconteceu no arbitral e suas consequências

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O Fluminense mandou representante para defender as ideias do clube no arbitral. Dr Marcelo Penha foi o escolhido do clube, na reunião virtual realizada na tarde de hoje. E o clube, ao lado de Botafogo, continua sendo contrário ao retorno dos jogos neste momento, alegando que os principais campeonatos do mundo só retornaram, ou agendaram retorno das atividades, quando a curva de infectados começou a cair, enquanto no Rio de Janeiro está crescendo. Vasco, Flamengo, juntamente com os clubes de menor investimento, e a própria FERJ, pressionam para o retorno de forma mais rápida – estes últimos alegando problemas financeiros para manterem os contratos firmados com atletas e comissão técnica.

A FERJ diz, o que pode ser um blefe, ter em mãos autorização dos governos federal, estadual e municipal, das autoridades sanitárias, da FIFA e da OMS e, com tais documentos, o presidente Rubens Lopes (FERJ) disse não esperar que ninguém lute ou coloque qualquer obstáculo contra o retorno do futebol. Uma forma de pressionar o Fluminense e Botafogo, ainda que de forma velada.

O protocolo “Jogo Seguro” (fase 2), desenvolvido pelos médicos do Flamengo, Bangu e Vasco, foi repassado item por item aos representantes dos clubes presentes no arbitral e aprovado com uma série ressalvas por Fluminense e Botafogo.

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Alguns pontos do protocolo que devem ser observados:

1. As partidas serão sem público, inclusive a final do campeonato;

2. TODOS os envolvidos nas partidas deverão fazer o teste do COVID-19 e testar negativo para participarem dos jogos. Inclusive os profissionais da imprensa;

3. Serão utilizados 03 estádios para a realização dos jogos (Maracanã, Engenhão e São Januário), podendo haver mais de um jogo por dia nestes locais. Os clubes de menor investimento podem jogas nas suas praças esportivas desde que o estádio tenha capacidade de cumprir com os protocolos de segurança;

4. Estão suspensos os tempos técnicos e o banco de reserva será composto por 08 jogadores e mais alguns membros da comissão técnica;

5. Cada clube trabalhara com 32 pessoas por jogo e as delegações deverão chegar com 1 hora de antecedência da partida.

O próximo passo é enviar o documento aprovado, com ressalva, ao governo do estado para que as autoridades competentes possam aprovar. Caso seja aprovado, o que deve ocorrer, será agendado um novo arbitral, desta vez para definir as datas e horários das partidas faltantes para terminar o campeonato. E aí, sabedora da oposição de Fluminense e Botafogo, a FERJ decidiu que a decisão será tomada por maioria de votos. Isso por considerar a situação de pandemia, uma questão de “força maior”, a entidade vai de encontro ao que reza o próprio regulamento, que é claro no sentido de que as decisões deste porte, e neste momento, só podem seguir adiante caso 100% dos clubes participantes do campeonato aprovem.

Não é certo que o Flu irá se opor ao retorno, caso a FERJ realmente tenha em mãos toda a documentação alegada (parecer de Fifa, OMS, e governos municipal, estadual e federal). Mas caso acate a decisão, respaldada nessa documentação, o clube deverá então passar para a FERJ a responsabilidade por qualquer contaminação.

Ainda que pese o fato da irregularidade cometida, na decisão por maioria de votos (em detrimento da necessária unanimidade), as alterações ainda ferem o que reza leis federais, como o Estatuto do Torcedor e Lei Pelé. Ou seja, tem pano pra manga aí.

A conferir.

ST

 

*Fala, Direito! é uma coluna do Saudações que é baseada em análises de advogados especialistas em direito desportivo, amigos e colaboradores do nosso site.


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