Caso RODOLFO – Mário Bittencourt liderará estratégias de defesa
Rodolfo ainda não foi denunciado mas o Flu já prepara a defesa do atleta. E seu presidente, Mário Bittencourt – notório advogado desportivo – é quem estará à frente do caso, definindo quais são as estratégias que o clube, e o jogador, vão usar no processo que certamente será instaurado.
Rodolfo foi flagrado no dopping por suspeita de uso de cocaína, no jogo do dia 23 de maio, diante do Atlético Nacional (COL), pela Sula. O goleiro abriu mão da contraprova e se colocou suspenso voluntariamente, conforme nota oficial do clube, para dedicar-se exclusivamente à sua defesa. O que, inclusive, já pode ser parte da própria defesa.
Ainda não estão definidos quais rumos serão tomados ao longo do processo, que pode levar meses. Rodolfo ainda será denunciado, apresentará sua defesa e será julgado. Depois dessa primeira instância, as partes ainda podem recorrer a outras duas: o Tribunal de Apelação, da própria Conmebol, e a Corte Arbitral do Esporte, na Suíça – corte máxima.
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Uma das estratégias está em desqualificar o uso da substância para ganho desportivo, ou seja mostrar de forma inequívoca que o atleta é dependente químico, que isso é uma doença, e que ele ao utilizar não visava ter um desempenho melhor dentro de campo. Outro ponto delicado será em relação à pena que Rodolfo pode ser condenado, e a preocupação está pela reincidência do jogador.
Rodolfo já foi condenado há 6 anos atrás pelo mesmo motivo, ocasião em que pegou 2 anos de gancho (pena máxima na época). E essa reincidência pode levar a dobrar a pena do jogador, e aí vem um dos primeiros desafios da defesa. Quando Rodolfo foi condenado lá atrás a pena era de 2 anos mas atualmente, pelo padrão FIFA, é de 4 anos. Ou seja, se tiver a pena dobrada nos regimentos atuais, pode pegar um gancho de 8 anos, o que seria fatal para a carreira de um desportista de 29 anos. E ainda corre o risco de receber a pena máxima, que seria o banimento do esporte.
O caso de Rodolfo se assemelha muito ao do Paolo Guerrero, na época em que defendia o Flamengo e a seleção do Peru, e foi pego no dopping pela mesma substância. Claro que Guerrero não era reincidente, mas os argumentos de defesa se confundem. Na ocasião, a advogado Américo Espallargas, especialista em dopping, deu uma entrevista ao jornalista Rafael Valente (ESPN), ilustrando a seguinte situação:
– Não existe no conceito jurídico dopingsocial. É uma nomenclatura usual, mas tecnicamente não existe. As pessoas se referem a isso porque está relacionado a substâncias de uso recreativo. Mas a lista da Wada [Agência Mundial Antidoping] não trata nenhuma substância como uso recreativo – e seguiu – Pelo código da Fifa, a pena padrão é quatro anos de suspensão. Ela pode sofrer redução e mitigações.
O advogado ainda abordou como seria um dos argumentos que poderiam ser utilizados e que cabem no caso do Rodolfo:
– O efeito da substância significou melhora ao desempenho do atleta? Beneficiou o atleta na hora de competir? Isso é levado em conta na hora de fazer a avaliação da pena.
Rodolfo está afastado dos treinamentos e segue se preparando para mais uma batalha na sua vida. Nós só podemos desejar que ele se recupere logo e que siga em frente. Sempre!
ST
Fonte: Globo Esporte.com, ESPN e Saudações Tricolores
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