Flu reconhece dívida de menos da metade do valor pedido por Oswaldo de Oliveira

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No ano passado, Oswaldo de Oliveira chegou ao Fluminense para substituir Fernando Diniz. O casamento não deu certo, a equipe não rendeu como esperado, houve discussão do comandante com jogador e até gestos obscenos em direção a torcida tricolor. Ele foi demitido 38 dias depois de assumir o cargo.

O site EsporteNews Mundo trouxe a notícia de que Oswaldo entrou na Justiça cobrando R$ 1.876.602,30 do Fluminense. O treinador alegou danos morais, dispensa imotivada e verbas rescisórias, além de outros itens. Nossa reportagem foi atrás de mais informações para detalhar o valor pedido por Oswaldo e encontrou discrepâncias no valor proposto pelo treinador e a dívida reconhecida pelo clube

Entenda o caso

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O Fluminense, após a demissão de Oswaldo, procurou o treinador para parcelar o valor devido ao técnico – aproximadamente R$ 700 mil reais (500 mil de rescisão trabalhista + 200 mil de direitos de imagem). A proposta tricolor foi de parcelamento em 7 vezes. A advogada de Oswaldo, Dra Joana Prado – a mesma que representa Rubinho na ação do “Gatoferj” e que “curiosamente” foi indicada ao TJD pelo mesmo – fez uma contraproposta para acordo extrajudicial, contemplando multa do aritgo 467 da CLT (caso o processo fosse judicializado, soma-se 50% do valor das verbas rescisórias se a dívida não fosse paga em primeira audiência), multa do artigo 477 (valor de um salário a mais), danos morais e honorários advocatícios.

Vale ressaltar que essa negociação era extra-judicial. Depois da Reforma Trabalhista, o Flu fez uma operação semelhante com Fernando Diniz, que vem recebendo de forma parcelada sem cobrar qualquer multa do clube. O acordo com Oswaldo não saiu pois os pedidos da advogada (que chegam ao valor de R$ 1 milhão e 800 mil reais) serão apreciados na justiça e não objeto de acordo, justamente porque a advogada cobrou multas que o clube não entende devidas caso fosse extrajudicial. O processo corre em segredo de justiça, mas nossa equipe teve acesso ao último despacho da juíza da 42ª VT, em que a mesma manda a advogada do técnico emendar* sua petição inicial.

*Emendar à inicial – significa corrigir, consertar e expurgar defeitos e irregularidades da petição inicial caso não atenda essas exigências, acarretará o indeferimento da exordial.

Desse modo, o processo irá correr normalmente na 42ª VT e, lá na frente, as partes irão discutir novamente. O Flu certamente irá refazer a proposta de parcelamento de R$ 700.000. Caso as partes não cheguem num acordo, haverá uma decisão da juíza Nelise Maria Behnken.

ST!


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