Decisão judicial impediu Flu de inscrever atletas – o real motivo das ausências
O Flu inicia o ano com um baita de um problema para resolver. Isso porque, numa decisão para lá de severa, a justiça do Espírito Santom proibiu o clube de inscrever novos atletas nas bases de dados da CBF, Federações e afins, o que já resultou na ausência de 6 jogadores na primeira rodada. Marlon, Yony Gonzales, Mateus Gonçalves, Caio Henrique, Luiz Fernando e Nathan Ribeiro.
O processo, aberto pelo Real Noroeste, envolve os recebimentos que o clube teria direito na transação envolvendo o atacante Richarlyson.
Isso foi o grande responsável pela não inscrição dos jogadores. Numa decisão extremamente severa, a juíza impediu o clube de regularizar os atletas. Segue o trecho da decisão:
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“O requerente REAL NOROESTE CAPIXABA FUTEBOL CLUBE LTDA – ME, em face do reiterado descumprimento da ordem judicial do depósito do valor correspondente a 20% da negociação do atleta Richarlison de Andrade, requereu a penhora via BACENJUD no valor de R$ 10.540.074,28 (dez milhões quinhentos e quarenta mil setenta e quatro reais e vinte oito centavos)(fl. 543), o que foi deferido.
Efetivado o protocolamento de bloqueio de valores (fl. 550) o mesmo restou infrutífero, conforme recibo anexado a esta decisão.
A autora, às fls. 554/556, requereu:
que seja determinado ao requerido a exibição dos contratos que envolvem a negociação do citado atleta com os clubes Ingleses WATFORD F.C. e EVERTON F.C., bem como toda documentação que foi anexada no sistema de transferências Internacionais FIFA TMS, bem como o comprovante da transação de transferência do sistema mencionado, sob pena do crime de desobediência;
expedição de ofício BANCO CENTRAL DO BRASIL, com sede na cidade de Brasília/DF no Setor Bancário Sul (SBS), quadra 03, bloco B, edificio sede, cep: 70074-900, endereço eletrônico atende.pgbc@bcb.gov.br, para que identifique qualquer ytransferência que tenha como destinatário o requerido, oriundo do exterior e imediatamente bloqueie e transfira para conta a disposição deste Juízo, o valor até o limite de R$ 10.540.074,28,(dez milhões quinhentos e quarenta mil setenta e quatro reais e vinte oito centavos), montante este referente a R$ 6.080.074,28 (seis milhões oitenta mil e setenta e quatro reais e vinte oito centavos), valor referente ao valor ainda não depositado pelo requerido, atualizado monetariamente até a data de 04/12/2018, conforme cálculo anexo, bem como o valor de R$ 4.460.000,00 (quatro milhões quatrocentos e sessenta mil reais), referente ao percentual de 20% (vinte por cento) da nova venda do atleta para o clube inglês Everton F.C, calculado sob o montante que o Fluminense recebeu do percentual que o mesmo manteve;
Além do bloqueio acima mencionado, requer em especial, a expedição de oficio para o BANCO DO BRADESCO, situado na Rua das Laranjeiras, na233, Bairro Laranjeiras, Rio de Janeiro – RJ, CEP 22.240-000, endereço eletrônico 0447.gerencia@bradesco.com.br, para que bloqueie e mantenha bloqueada exceto para os recebimentos, a Conta Corrente na 617-3, Agência 447, de titularidade do requerido Fluminense Football Club, determinando que bloqueie crédito do requerido Fluminense de qualquer quantia até valor incontroverso de R$10.540.074,28 (dez milhões quinhentos e quarenta mil setenta e quatro reais e vinte oito centavos) e caso seja efetivado o bloqueio, que transfira o valor bloqueado para uma conta judicial a disposição do juízo de Águia Branca – ES;
Requer a expedição de ordem de bloqueio para a FEDERAÇÃO DE FUTEBOL DO ESTADO DO RIO DE JANEIRO – FFERJ, no endereço Av. Prof. Manoel de Abreu, 76 – Maracanã, Rio de Janeiro – RJ, 20550-170, para que bloqueie crédito do requerido Fluminense de qualquer quantia até o valor incontroverso de R$ 10.540.074,28 (dez milhões quinhentos e quarenta mil setenta e quatro reais e vinte oito centavos) e caso seja efetivado o bloqueio, que transfira o valor bloqueado para uma conta judicial a disposição do juízo da Comarca de Águia Branca – ES, bem como oficie também a CONFEDERAÇÃO BRASILEIRA DE FUTEBOL – CBF, no endereço Avenida Luis Carlos Prestes, 130. Barra da Tijuca – Rio de Janeiro/RJ – CEP: 22775-055, para que cumpra a ordem no mesmo sentido requerido acima;
Requer seja ainda determinado a FEDERAÇÃO DE FUTEBOL DO ESTADO DO RIO DE JANEIRO – FFERJ, bem como a CONFEDERAÇÃO BRASILEIRA DE FUTEBOL – CBF, nos endereços acima mencionados para que bloqueie e mantenha bloqueado a transferência de atletas nos sistemas de GESTÃO CBF E FIFA TMS, até o cumprimento integral da obrigação de pagar a dívida em questão.
Petição instruída com os documentos de fls. 557/609.
Decido.
Analisando os autos, verifico que o Juízo da 4ª Vara Cível da Comarca de Belo Horizonte, nos autos do processo nº 5177986-14.2018.8.13.0024, em que o AMÉRICA FUTEBOL CLUBE ingressou em face do ora requerido, deferiu a liminar nos moldes ora requerido pelo autor.
Isto posto defiro todos os pedidos mencionados na petição de fls. 554/556, devendo ser intimadas todas as entidades citadas nos itens 1 a 5 acima, em caráter de urgência, sob pena de crime de desobediência.
Serve a presente decisão de mandado de intimação / ofício, devendo as entidades confirmar o recebimento da presente decisão.
Intimem-se.
Diligencie-se com urgência.”
O clube já recorreu da decisão e espera uma suspensão para poder regularizar os atletas. Procurado, o jurídico ainda não se manifestou.
ST
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