“GatoFerj”: STJD aceita pedido do presidente Mário Bittencourt e retira julgamento no TJD-RJ
Na tarde desta quinta-feira, o Pleno do Superior Tribunal de Justiça Desportiva (STJD) aceitou o pedido do presidente do Fluminense, Mário Bittencourt, para retirar do Tribunal de Justiça Desportiva do Rio de Janeiro (TJD-RJ) a denúncia que sofreu da Procuradoria do órgão regional. O dirigente tricolor foi denunciado porque criticou à Ferj e ao próprio TJD-RJ no polêmico caso da transmissão da final da Taça Rio contra o Flamengo.
Mário seria julgado pelo TJD-RJ no dia 14 de agosto, mas o presidente obteve no STJD uma liminar para suspender a sessão. De acordo com a tese defendida pelo advogado Rafael Pestana, a denúncia do tribunal regional é inválida, pois o artigo 25 do Código Brasileiro de Justiça Desportiva confere foro privilegiado aos “membros de poderes e órgãos da entidade nacional de administração do desporto”. Mário é um dos cinco representantes de clubes da Série A da Comissão Nacional de Clubes em 2020.
A defesa tricolor argumentou que o dirigente só poderia ser denunciado no STJD e solicitou a extinção do processo, que previa como pena multa de R$ 100 a R$ 200 mil e suspensão por até 630 dias. Em sessão para analisar qual órgão é competente para julgar o caso, o tribunal nacional decidiu, por quatro votos a dois, atribuir a ele a competência. Porém, indeferiu o pedido de extinção da denúncia, que será automaticamente transferida do TJD-RJ.
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Além da denúncia no TJD-RJ, o presidente da Ferj, Rubens Lopes, e seis de seus vices moveram cinco queixas-crime contra Mário Bittencourt por “calúnia, difamação e injúria” na Justiça Comum.
Fonte: Globo Esporte
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