Na noite desta terça-feira, a Confederação Brasileira de Futebol (CBF) sofreu uma grande derrota para o Flamengo na Justiça. O portal ‘Esporte News Mundo’ teve acesso a detalhes do caso. A entidade havia recorrido contra uma liminar conseguida pelo Rubro-Negro, que impede a entrega da polêmica Taça das Bolinhas para o São Paulo, até pelo menos o julgamento do mérito. Por decisão da desembargadora relatora Lúcia Regina Esteves de Magalhães, porém, o efeito suspensivo pedido no recurso da CBF foi indeferido e a liminar favorável ao Fla, mantida. A Taça das Bolinhas, com isto, não pode, por enquanto, ser entregue a nenhum clube.

O recurso da CBF corre na 19ª Câmara Cível do Tribunal de Justiça do Estado do Rio de Janeiro (TJRJ). A confederação ainda pode recorrer, subindo o caso para os tribunais superiores em Brasília, ou aguardando o recurso da segunda instância ser julgado pelo colegiado. A liminar favorável ao Flamengo sobre a Taça das Bolinhas está vigente em primeira instância desde o dia 13 de agosto, proferida pela juíza Bianca Ferreira do Amaral Machado Nigri, da 1ª Vara Cível do Barra da Tijuca do TJRJ.

A desembargadora justificou para negar o recurso da CBF que os argumentos utilizados pela confederação “não apresentam consistência suficiente para o convencimento imediato”. A relatora do caso em segundo grau completou a justificativa afirmando existir a necessidade de “dilação probatória e formação do contraditório”. Em relação ao valor da multa por possível descumprimento da decisão, a magistrada também não atendeu ao pedido da CBF.

No recurso, a CBF cravou que o “troféu deve ser entregue ao São Paulo”. Ao longo das 41 páginas, foram pedidos a reconsideração da liminar, a extinção da ação por prescrição, e “no mérito, a improcedência integral dos pedidos autorais, com a condenação do Autor em litigância de má-fé, nos termos do artigo 81, do CPC, bem como sua condenação ao pagamento dos ônus sucumbenciais, a serem arbitrados por este D. Juízo”.

As várias ações na Justiça ao longo dos anos por parte do Flamengo para as novas discussões acerca da polêmica taça foram alvos da CBF logo no início do recurso: “A presente ação cuida da SEXTA TENTATIVA JUDICIAL do Autor de rediscutir o título do campeonato brasileiro de 1987, atribuído ao Sport Club do Recife pelo Poder Judiciário, em decisão transitada em julgado pelo STF”.

“É inegável que o Flamengo tem sido criativo em suas empreitadas. Agora, após inúmeras derrotas perante o Poder Judiciário e realizando um verdadeiro malabarismo jurídico, o Flamengo – partindo de equivocadas premissas de que teria sido o campeão brasileiro de 1987, de que faria jus à posse definitiva da Taça das Bolinhas e de que os Troféus Copa Brasil (Taça das Bolinhas) e Campeão Brasileiro seriam incompatíveis entre si – questiona os atos praticados pela CBF com fulcro nos Regulamentos dos campeonatos brasileiros de 2006, 2007 e 2008, buscando impedir a CBF de entregar a Taça das Bolinhas ao São Paulo, clube que faz jus à sua posse permanente, tendo em vista a coisa julgada sobre o assunto”, argumentou a CBF para completar:

“Há literalmente uma confissão do Flamengo de que notadamente está buscando – a qualquer custo – o reconhecimento de que não é o São Paulo que teria direito à posse da Taça das Bolinhas e o ajuizamento da presente ação é uma construção jurídica para tentar, pela sexta vez, agora de forma indireta, tal reconhecimento, já que não obteve sucesso em nenhuma outra tentativa”.

Seguiu a CBF: “Tendo em vista o reconhecimento judicial de que o Flamengo, apesar de ter vencido o Módulo Verde da Copa União de 1987, não é o Campeão daquele ano, por ter se recusado a entrar em campo e jogar a quadrangular final entre os dois primeiros colocados de cada módulo, o Troféu deve ser entregue ao São Paulo Futebol Clube, campeão nos anos de 1977, 1986, 1991, 2006 e 2007 (cinco anos intercalados) ou, ainda, campeão nos anos de 2006, 2007 e 2008 (três anos seguidos)”, completando:

“A prevalecer a interpretação que o Flamengo pretende nesses autos, a Taça não será entregue a nenhum clube, o que não é justo, não é adequado, tampouco encontra fundamento nos Regulamentos editados pela CBF. Ademais, demonstra novamente que seu comportamento é ofensivo, abusivo, fruto do seu mero capricho e, ainda, contraditório, tendo em vista que defendeu o seu direito ao prêmio, o que foi negado administrativa e judicialmente, para, posteriormente, na presente ação, sugerir que o prêmio não seja entregue a nenhum clube”.

E completou na argumentação a CBF: “Basta compulsar os Regulamentos de 2006, 2007 e 2008 para se verificar que são hígidos e íntegros, não havendo que se falar em violação aos citados artigos 6º, 7º e 5º. Definitivamente, o Regulamento de 1975, que estabeleceu como prêmio o Troféu Copa Brasil (Taça das Bolinhas) não fixou qualquer tipo de prazo para que as associações preenchessem os requisitos formais para a aquisição plena do prêmio. Também não há qualquer conflito entre normas no decorrer do tempo, como tenta fazer parecer o Flamengo”.

Retirado de: Esporte News Mundo

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