Fluminense e Botafogo – procurador entende razão aos clubes: “Dano irreparável”
Fluminense e Botafogo ganharam um “eco” em seus pedidos e uma espécie de “apoio” de peso. O Procurador-Geral do órgão, Felipe Bevilacqua, em entrevista à Rádio Tupi, entende o ponto de vista dos dois clubes e vai além: diz que eles têm razão no pleito – os clubes pretendem jogar somente em julho. Na visão de Bevilacqua, o dano seria irreparável, caso houvesse a aplicação de W.O.
Os clubes ainda aguardam a decisão de Paulo César Salomão Filho, presidente do Superior Tribunal de Justiça Desportiva (STJD), que deve sair ainda nesta terça:
– É uma situação que, muito provavelmente, vai ocorrer em outros campeonatos. Não poderia ser diferente aqui no Rio de Janeiro, tendo em vista a precipitação. Não sei essa seria a palavra correta, até porque os protocolos e esquemas de segurança em relação à doença foram muito bem feitos, isso é um fato. Mas, por óbvio, existem alguns desacordos e situações que acabaram gerando essa situação na Justiça Desportiva – disse, o procurador.
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Bevilacqua ainda segue, comentando sobre o estágio que o caso chega ao STJD, reforçando que não seria o caso de ver se os clubes ou federação terem a razão. E sim questão da irreparabilidade dos danos que possam ser causados:
– Fato é que o que chegou ao STJD já chega em estágio de ser uma medida precaríssima. Não se analisa o mérito da questão, se realmente existia razão ou não aos clubes ou à Federação. Mas o que se verifica é se os clubes demandantes, no caso Botafogo e Fluminense, realmente tinham direito a ser perecido naquele momento e que poderia gerar dano irreparável, o que me parece, pelo menos na análise perfunctória da medida inominada e de sua respectiva liminar, que sim. Na minha opinião existe, ainda se verificar que não há prejuízo para os demais ou que se existir é desproporcional ao prejuízo que Botafogo e Fluminense suportariam com o W.O.
Por fim, o procurador ainda comenta o fato da decisão pelo retorno ter sido de forma não unânime:
– É uma análise perfunctória, superficial, resguardando o direito iminente de um dano irreparável, que pode ser reparado novamente no mérito a ser julgado no TJD do Rio. Vamos ver o que vai ser, porque como medida precária isso retorna ao TJD para julgamento. Para se julgar o mérito, saber sobre o Arbitral, se foi tudo conduzido corretamente e se haverá perdas e danos ou consequência jurídica. Mais para a frente com certeza vai vir esse mérito ao STJD – finaliza o procurador.
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