Fala, Direito! – A coluna do ST que vai falar sobre questões legais – Hoje, o Carioca 2020
Hoje estreia aqui, em nosso portal, uma coluna que falará sobre questões legais que orbitam o futebol brasileiro e, evidentemente, o futebol Carioca.
Devido às últimas notícias, envolvendo o retorno ou não às atividades e à retomada do próprio campeonato, muitas dúvidas surgiram em torno daquilo que pode acontecer com o Fluminense, caso o clube não aceite retornar e não colocar o time em campo. Mas, de fato, o que realmente está em jogo? Vamos tentar explicar por partes:
A FERJ convocou um arbitral para o próximo sábado, dia 06 de junho, onde será debatido a implementação da fase 2 do “Protocolo Jogo Seguro” visando reiniciar o campeonato com a realização das partidas complementares do Carioca 2020. Diante de uma provável negativa do Fluminense concordar com essa retomada agora, ou até mesmo em participar de tal encontro virtual, as consequências dessa postura podem trazer alguma dor de cabeça ao clube que, se por um lado poderá ser punido ao não entrar em campo, do outro terá fortes argumentos a seu favor.
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A negativa do presidente Mario Bittencourt deve resultar em mais uma impugnação ao arbitral, através de documento protocolado na própria FERJ, arguindo irregularidades na alteração nas normas, como por exemplo o fato de que qualquer alteração do arbitral, e/ou nas regras do campeonato em curso, deve ser feita de forma unânime e não por maioria de votos, como podem querer fazer passar. Como o Fluminense ainda se mantém firme neste posicionamento – até então contando com o Botafogo ao seu lado – a decisão, por obviedade, não será unânime o que, por si só, já fere as regras do próprio campeonato e da própria FERJ. Além disso, é inadmissível qualquer alteração das regras atuais do Campeonato pois desrespeitariam as normas previstas nos Regulamentos (Geral e Específico) das Competições, além do Estatuto do Torcedor e da Lei Pelé.
Porém, e caso esses pontos acima sejam negligenciados pela FERJ, e também caso venha a ser decidida uma data para a volta do campeonato, a federação pode vir a aplicar o famoso W.O. na possibilidade do Flu se negar a entrar em campo. Isso consistirá na perda dos 03 pontos da partida e a imputação de um placar de 3 x 0. Após, e como deve ser denunciado pela procuradoria do TJD, o Flu ainda poderá ser condenado no pagamento de uma multa que pode variar de R$ 100,00 até R$ 100.000,00.
Um dos grandes pontos controversos, e que pode gerar discussão, é que o RGC ( Regulamento Geral da Competição) não faz menção em seus artigos aos problemas gerados pela pandemia do Covid-19, como por exemplo, assim como no CBJD não existe nenhuma previsão legal para tal problema, cabendo algumas interpretações.
E se por um lado a FERJ poderá usar a seu favor o parecer dado pela prefeitura e governo do estado para se basear no retorno dos jogos, defendendo os seus interesses, o Flu, do outro lado da corda, já deverá estar garantido com pareceres das autoridades competentes recomendando a impossibilidade de realização dos jogos. Neste momento, o parecer do Ministério Publico do Trabalho, Ministério Publico Estadual, CREMERJ entre outros que, após estudos com profissionais da área de saúde, não recomendam o retorno dos jogos neste momento. Muito pelo contrário. Entendem que um retorno às atividades seja TEMERÁRIO E IRRESPONSÁVEL.
Por fim, ainda existe a questão da recusa do jogador entrar em campo ou, até mesmo, se recusar a ir aos treinos no CT. Existe uma previsão legal para isso. Caso não se sinta seguro para voltar ao trabalho, o atleta pode se recusar a treinar e entrar em campo, pois pode se valer do “direito de resistência ao trabalho” para não se expor ou correr risco de morte, enquanto não se sentir à vontade em relação a problemas ambientais e naturais, como uma pandemia. Deve haver a transparência na relação entre atleta e clube para solucionar esse problema. O jogador tem de falar isso para o seu clube, para o patrão. Tem de dizer que não se sente seguro de voltar ao trabalho. Ele não é pago para se expor a riscos desnecessários. Machucar-se durante uma partida faz parte. Pegar uma doença sem cura não.
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