With costs paid by São Paulo, leaders sue oppositionists

The president of São Paulo, Julio Casares, and the president of the Deliberative Council, Olten Ayres de Abreu Junior, filed lawsuits against oppositionists who defined the attempt to approve the reelection amendment as a “coup” and criticized them and the initiative.

The targets of Casares’ actions are São Paulo partners Kristian Carneiro Orberg and Fábio Giaconi de Brito Machado. Olten Ayres, in addition to prosecuting the two that Casares also questions, filed lawsuits against counselor José Alexandre Medicis da Silveira, and partners Gabriel Passos Perecini, commentator on the lives of UOLand Newton Luiz Ferreira.

The proposal that generated criticism and cursing could give the current management the possibility to contest the election at the end of 2023 and remain in charge of the club. It was approved by the Deliberative Council and will be voted on by São Paulo’s partners at the General Assembly, which will be held on September 24th.

Who represents Casares and Olten in the lawsuits is the same office that works on behalf of São Paulo in the investigation that investigates the leak of Sportsbet.io’s sponsorship contract with the Morumbi club, with costs paid by the club itself. In the actions to which the UOL Esporte had access, the procedural collection guides were issued in the name of Tricolor, with the club’s address as well. “As the offense occurred due to the exercise of the position, SPFC has insurance for such situations and intends to be reimbursed for this”, says the club, in a note. Lawyers will also be funded, and the club will seek reimbursement later. “Costs will be contracted by São Paulo, due to the offense having occurred by virtue of the position, and the club will request reimbursement for this”, continues the club.

The Jaloreto law firm, which works on behalf of the officers, reported that “São Paulo has an Insurance Policy contracted for legal matters related to its Officers. Therefore, we are aware that São Paulo will seek reimbursement for all costs incurred in said within the scope and terms of said Policy, as it is contractually foreseen, and by operation of law”.

Fábio Giaconi de Brito Machado is accused of offending the honor of Casares and Olten for having published, on August 30, 2022, a post in the Facebook group “Sócios São Paulo FC” an article by the 1930 Movement classifying the attempt to change the statute of São Paulo as “a new coup attempt by Casares and Olten”. Machado added: “We will always remember that if it were up to these coup plotters, we shouldn’t even have the right to vote in 2023.”

The same claim is made by the two tricolor leaders about Kristian Carneiro Orberg, who is also the fourth alternate on the São Paulo Fiscal Council, with the exception that he owns the page “Movimento 1930”

“It is public knowledge that the plaintiff (Julio Casares) is the current president of São Paulo Futebol Clube (SPFC) and, this time, nothing more harmful to his reputation and the development of his work than the malicious allegations published by the defendant”, argues the defense of the two leaders. To continue: “in view of the foregoing, the present Complaint is required to be received and processed, determining the summons of the Respondent to respond to the accusations formulated herein and, in the end, that he be sentenced to the penalties of the crimes provided for in article 139 of the Penal Code, subsidiarily requires the Respondent to publicly retract his allegations”.

For Casares and Olten’s defense, Giaconi and Orberg’s stance constitutes a crime against honor, a fact that, according to them, fits into the conduct described in article 139 of the Penal Code, which talks about “defaming someone, charging him with an offensive fact to your reputation.” The penalty for this crime is imprisonment, from three months to one year, and a fine.

A document obtained by the report shows that the prosecutor Regiane Vinche Zampar Guimarães Pereira, attests that because of the fact that it happened on social networks, she may have an increased sentence in the action of Julio Casares in relation to the publication of Fabio Giaconi.

“If the crime is committed or disclosed in any modalities of the social networks of the world wide web, the triple penalty is applied”. Thus, in view of the quantum of the maximum penalty imposed on the crime in question, the competence to appreciate the species belongs to the Common Justice.

Chairman of the Board processes three more

Olten Ayres de Abreu Júnior, president of the Deliberative Council of São Paulo, also filed three more lawsuits: against the counselor José Alexandre Medicis da Silveira, and the partners Gabriel Passos Perecini and Newton Luiz Ferreira. Perecini is a journalist and participates in the São Paulo live on UOL.

Against Medicis, the allegation is that he posted a text on November 10, 2021 on the WhatsApp group “SPFC Counselors”, which has 185 participants. “Is a new change to the bylaws going to be voted on without there having been a broad discussion on the matter? This is a shame among many others that this chairman of the board is putting us through. My opinion: the above-mentioned figure does not have the composure for the position he does not exercise, nor education. This is my opinion, which goes beyond other manifestations that I made personally by messages to the president of the board. Three convictions of the Ethics Council have already been overturned by the common justice. Is this “Together for the SP”? Or would it be better “São Paulo belongs to our group. ” Supporters, beware, because the thirst for power and vanity of the leaders, or pseudo-leaders of the group that is dominating are unhealthy. May God save the SPFC!”, Medicis wrote.

“The message against the plaintiff (Olten), in the capacity and exercise of the Presidency of the Deliberative Council of the Club, had the obvious purpose of defaming him, of defiling his good reputation”, countered Olten’s defense.

The same claim is made against partner Newton Ferreira. On November 14, 2021, he published a message in the group “SPFC Eventos Sociais”, which has 203 participants, in which a person whose head is covered with a brown paper bag is seen, wearing the São Paulo Futebol Clube shirt, with the words: “administration Júlio Casares & Olten / It’s a shame”.

Gabriel Perecini, on the other hand, was judicially questioned for having posted on his Twitter account, on December 17, 2021, that “the coward and, at the very least, dishonest President of the Deliberative Council does not disguise the kidnapping anymore. The same Olten Ayres who was having lunch at the club’s restaurant today, hours before the meeting he made virtual because of the pandemic. Apparently, the virus chooses time”.

Wanted to comment on the case, Giaconi, Orberg and Perecini spoke through the lawyer who defends the trio. “This is an evident misuse of the judiciary, recognized for its excessive and invincible working hours. The political group that administers São Paulo systematically persecutes those who share a critical opinion that is contrary to the management. based on public data and newspaper articles. We cannot accept the erosion of the rights to criticism and opinion, occupying the Judiciary with a flood of unfounded criminal charges”, said Fernando Calix, criminal lawyer responsible for defending the three partners of São Paulo .

NOTE FROM THE JALORETO OFFICE

We hereby provide the following clarifications:

1. Our Firm sponsors lawsuits against offenders of Messrs. Julio Casares and Olten Ayres de Abreu Jr. respectively Chairman and Chairman of the Board of São Paulo Futebol Clube (SPFC). Insofar as the offenses concern the exercise of their functions within the scope of the SPFC, it is legitimate for the reaction to receive support from the Entity.

2. In the same way as many companies, SPFC maintains an Insurance Policy for legal matters related to its Directors.

3. Thus, we are aware that SPFC will claim reimbursement of all costs incurred in said processes within the scope and under the terms of said Policy, as it is contractually foreseen, and by operation of law.

NOTE SÃO PAULO

Are the actions a club initiative or a private officer’s initiative?
The actions belong to the directors, who were offended for being in office.

Why are the costs paid by São Paulo if they are processes on personal honor?
As the offense occurred due to the exercise of the position, SPFC has insurance for such situations and intends to be reimbursed for this.

Is the office also being hired by São Paulo?
The costs will be contracted by SPFC, due to the offense having occurred by virtue of the position, and the club will request reimbursement for this.

I want to know if Julio or Olten wants to talk, because they felt offended.
The reasons are explained in the processes.

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