Flu é absolvido pelo TJD-RJ. Confira os resultados dos julgamentos de hoje
O Fluminense foi julgado e absolvido hoje pelo Tribunal de Justiça Desportiva do Futebol do Rio de Janeiro. Por causa dos gritos de “time assassino”, o clube foi denunciado no artigo e 243-G (praticar ato discriminatório, desdenhoso ou ultrajante, relacionado a preconceito em razão de origem étnica, raça, sexo, cor, idade, condição de pessoa idosa ou portadora de deficiência […]). Além disso, o clube foi julgado no artigo 206 (atraso). E o auxiliar Maurício Dulac foi enquadrado no artigo 258 II (“desrespeitar os membros da equipe de arbitragem, ou reclamar desrespeitosamente contra suas decisões”).
O Flu foi multado em R$ 2 mil reais por conta na demora para voltar ao campo. No artigo mais aguardado, o clube foi absolvido da perda de pontos e tomou uma advertência do TJD-RJ. O auxiliar Maurício Dulac foi advertido pela Federação.
O Flamengo entrou como parte interessada na denúncia dos cânticos. O advogado destacou a boa relação entre as diretorias, mas argumentou que o Flamengo sabe que o Fluminense (diretoria e instituição) “não tem nada a ver com isso, mas que é preciso dar uma resposta educacional às torcidas”.
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SEQUÊNCIA CRONOLÓGICA DO JULGAMENTO
Os advogados Lucas Maleval e Rafael Pestana representaram o clube. Roberta Fernandes, que é diretora jurídica do clube, foi acompanhar o julgamento no tribunal.
O Fluminense começou exibindo um vídeo onde homenageou os garotos mortos no Ninho do Urubu. A película foi feita pela FluTV e exibida no primeiro Fla-Flu depois do incêndio, em Fevereiro de 2019.
Sobre o atraso, Pestana argumentou que não prejudicou o espetáculo, uma vez que o mesmo “sequer foi televisionado”.
Sobre o auxiliar, o advogado disse que “não houve extrapolo na reclamação”
Sobre os cânticos, falou-se de “injustiça e ilegalidade” pelo enquadramento. Pestana argumentou que desde o primeiro momento o Fluminense e seus torcedores foram respeitosos com o Flamengo, com as vítimas e com as famílias das vítimas. O advogado também lembrou do canto rubro-negro sobre a morte de Denner. Depois disso, defendeu que não é porque já foi gritado lá atrás, que possa haver gritos nesse sentido hoje em dia.
Pestana continuou seu discurso lembrando a nota oficial do Fluminense e o depoimento de Mário Bittencourt no dia seguinte ao clássico. O clube reprovou o canto e mostrou solidariedade ao Flamengo e às famílias das vítimas. O advogado pediu, então, a absolvição do enquadramento no artigo 243 do CBJD. E sugeriu uma medida pedagógica.
Após a defesa ser apresentada, o relator Rodrigo Otávio retomou à palavra:
Ele disse que “esse posicionamento (por parte da torcida tricolor) não é o mesmo do clube, mas que a torcida faz parte do clube”; Ele também classificou como “louvável” a fala de Mário após o clássico. Logo depois, falou que o cântico não era discriminatório, mas classificou o ato como uma ofensa – de mau gosto. E reiterou que foi um posicionamento da torcida, não do clube. E continuou dizendo que o canto desrespeitou à memória das vítimas, das famílias das vítimas, os jogadores do Flamengo em campo, os torcedores do Flamengo e do Fluminense também. Depois, falou que o objetivo “não é punir e sim prevenir”.
Rodrigo votou por multa de 25 mil reais e portões fechados por 1 jogo. A multa de R$ 25 mil seria enquadrada no artigo 191 do CBJD e a punição de um jogo sem torcida seria enquadrada nos artigos 39-A e 39-C.
O advogado do Flu, Rodrigo Pestana, alegou que não pode haver uma “ginástica” para enquadrar o Fluminense dentro de um artigo que não é cabível, e que o TJD precisaria buscar outra forma de conscientizar os clubes.
Rodrigo Otávio votou pela multa máxima para os times em relação ao atraso (R$ 1000 reais pro rival, R$ 2000 reais pro Flu).
Os auditores não concordaram em enquadrar o Fluminense nos artigos 39-A e 39-C do Estatuto Torcedor. Com isso, a proposta do relator Rodrigo Otávio foi descartada.
O primeiro auditor votou em apenas advertência pelos gritos de “time assassino”. E concordou na multa de R$ 2 mil pelo atraso.
O segundo auditor também discordou da punição proposta do relator. Ele votou também em advertência pelos gritos. Em relação ao auxiliar Maurício Dulac, votou pela absolvição.
O presidente Wanderley Rebello votou por absolvição. Pela maioria dos votos, portanto, o Fluminense foi apenas advertido pelos gritos de “time assassino”.
Fonte: Globoesporte.com
ST!
Com todo o respeito, abvolvição é diferente de advertência. Tanto que o o terceiro auditor votou pela absolvição e ficou vencido. Quanto ao julgamento, foi injusto. Em momento algum, houve ofensa às vítimas nem à instituição Flamengo. Ao contrário. O grito foi um protesto – e vivemos numa democracia, com liberdade de expressão – pelo acontecido, tudo levando a crer que houve homicídio culposo. Ou seja, o grito foi em defesa das vítimas e de sua família. O único objetivo foi o de demonstrar a indignação contra os responsáveis (pessoas físicas) pelo ocorrido. Edmundo sempre era chamado pelos mulambos de “assassino”. Acho que esse exemplo poderia ter sido citado, pois era um grito dos mulambos, não contra a instituição Vasco, mas contra o atleta pelo suposto homicídio, também, culposo. ST
Eduardo: eu sou testemunha de que a torcida do Fluminense, também chamou o Edmundo de assassino, na taça Guanabara de 2000. eu estava na arquibancada e não participei do grito. inclusive o Fluminense, perdeu esse jogo para o vice da lama por 3×2.
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