Cenas dos Próximos capítulos – Presidente do Conselho convoca reunião para discutir AGE

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O presidente do Conselho Deliberativo do Flu, Fernando Leite, convocou uma reunião do conselho que visa discutir a Assembléia Geral Extraordinária, convocada pelo presidente Pedro Abad, agendada para o próximo dia 26. Dentre os motivos apresentados, Leite reitera que não houve qualquer discussão nesse sentido – o de antecipar as eleições – com o Conselho Deliberativo e que, mesmo que ele estivesse presente na Reunião convocada por Abad, onde foi apresentada a proposta, o presidente do CDel  alega que sua opinião não necessariamente representa o consenso do Conselho, que merece ser ouvido.

– Alguns conselheiros me consultaram sobre a possibilidade de fazer uma reunião para debater essa questão da Assembleia Geral e eu achei procedente realizar. O Conselho Deliberativo é o órgão mais importante do Fluminense e creio que deveria deliberar sobre o assunto. Apesar de eu estar presente na reunião do fim de dezembro (onde Abad propôs a antecipação a lideranças do clube), a minha vontade não necessariamente representa a da maioria deles – disse Fernando Leite, em entrevista ao GloboEsporte.com.

Nosso site é apolítico e sempre reafirmamos que não temos ligações com nenhum grupo político, e sempre transitamos entre os mesmos de forma livre, para trazer as informações até os verdadeiros donos do Flu: os tricolores. E para fins de informação, trazemos o seguinte:

Você conhece nosso canal no YoutubeClique e se inscreva! Siga também no Instagram

O estatuto do Fluminense, em seu art. 11° reza o seguinte:

“Art. 11 – A Assembleia Geral reunir-se-á:
I – Ordinariamente, de 3 (três) em 3 (três) anos, na segunda quinzena de novembro, para eleger o
Presidente do FLUMINENSE, o Vice-Presidente Geral e os membros titulares e suplentes do
Conselho Deliberativo;
II – Extraordinariamente:
a) Em qualquer tempo, para o preenchimento de vagas no Conselho Deliberativo;
b) Em caso de Impedimento do Presidente do FLUMINENSE, para eleger o novo Presidente e, sendo
necessário, o Vice-Presidente Geral;
c) Para decidir sobre a extinção do Clube ou sua fusão;
d) Para decidir sobre o disposto na alínea c do art. 10.
Art. 12 – A convocação da Assembleia Geral será feita pelo Presidente do FLUMINENSE ou, no seu impedimento ou recusa, pelo seu substituto legal ou, ainda, persistindo o  impedimento ou recusa, pelo Presidente do Conselho Deliberativo e será divulgada, cumulativamente:
a) Através de publicação em 1 (um) jornal, de grande tiragem do Rio de Janeiro;
b) Pela afixação de editais de convocação nas dependências do Clube, em 4 (quatro) locais distintos
e de fácil acesso;
c) Obrigatoriamente, pela remessa de cartas simples e, quando possível, por correio eletrônico a
todos os Associados com direito a voto.
§ 1º – A convocação deverá ser feita com 8 (oito) dias de antecedência.
§ 2º – A Assembleia Geral realizar-se-á com qualquer número de Sócios presentes.

Nesse caso, o Presidente Pedro Abad pode convocar a AGE sem, realmente, necessitar da aprovação de outro dirigente ou qualquer membro do Conselho do Clube. E para fins de mudança no Estatuto também:

Art. 10 – Compete exclusivamente à Assembleia Geral, sempre em escrutínio secreto:
a) Eleger e destituir o Presidente e o Vice-Presidente Geral do FLUMINENSE, bem como os
membros efetivos e suplentes do Conselho Deliberativo (NR) (art. 59, I, da Lei nº 10.406/2002);
b) Decidir sobre a extinção do Clube ou a sua fusão;
c) Decidir sobre a utilização dos bens patrimoniais, desportivos ou sociais do FLUMINENSE, que
venham a ser destinados à integralização de parcelas de capital em sociedades comerciais a serem
constituídas, ou mesmo oferecê-los como garantia.
d) Alterar o Estatuto do FLUMINENSE FOOTBALL CLUB.
§ 1º – Para os fins previstos na alínea b, a Assembleia Geral deverá ser especificamente convocada
pelo Presidente do Clube ou pelo Conselho Deliberativo, na forma prevista no item XXI do art. 20 ou,
ainda, pela quinta parte dos Sócios com direito a voto.
§ 2º – A decisão só terá validade se forem favoráveis os votos de, pelo menos, 2/3 (dois terços) dos
presentes, o que deverá corresponder, no mínimo, a 60% (sessenta por cento) dos Sócios que, em
conformidade com o art. 9º, constituem a Assembleia Geral.
§ 3º – O FLUMINENSE não poderá utilizar seus bens patrimoniais, desportivos ou sociais para
integralizar sua parcela de capital ou oferecê-los como garantia, salvo com a concordância da maioria
absoluta da Assembleia Geral dos associados ou sócios e na conformidade do respectivo Estatuto
ou Contrato Social (art. 27, § 2º, Lei nº 9.615/98).

O que está se discutindo, na verdade, é que a mudança proposta pelo Abad, que será decidida pelos sócios (com direito a voto), no pleito do dia 26 terá validade dentro da mesma legislatura. Isso porque o presidente estaria alterando o seu tempo de mandato, reduzindo-o em alguns meses. O que isso significa? Que o Estatuto reza, em seu artigo 150, que essas alterações só teriam validade para a próxima gestão:

“Art. 150 – Este Estatuto somente poderá ser reformado pelo Conselho Deliberativo, em reunião
extraordinária, obedecendo o disposto no § 3º do art. 28, após 2 (dois) anos de vigência, por iniciativa
de 30 (trinta) dos seus Membros ou requerimento do Conselho Diretor aprovado pelo Conselho
Deliberativo.
§ 1º – Em caso de necessidade imperiosa de reforma, será necessária petição assinada por no
mínimo 1/3 (um terço) dos Membros do Conselho Deliberativo.
§ 2º – O Estatuto reformado entrará em vigor após o cumprimento das formalidades legais.
§ 3º – As normas estatutárias que não decorram de estrita observância da legislação e que sejam referentes às regras eleitorais somente produzirão efeitos a partir do período de mandato presidencial e legislatura do Conselho Deliberativo seguinte ao da sua aprovação.”

E ai, meus caros amigos, começa a chuva de interpretações que pode levar nosso clube para um caos maior ainda. Reparem que o artigo 150 reza que o “Este Estatuto somente poderá ser reformado pelo Conselho Deliberativo”, para na sua sequência dizer, em seu § 3º que as mudanças só teriam validade para a próxima legislatura. Mas bem antes dele, no artigo 11°, diz que a AGE pode ser convocada para alteração do Estatuto e nesse artigo não há prazos previstos para tanto.

Nós só esperamos que nossos dirigentes deixem de lado suas vaidades pessoais, de fato, pensem naquilo que for melhor para o Clube.

ST

Washington de Assis

 

 


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