Rebaixar clubes que não têm CND é inconstitucional, aponta PGR

A Procuradoria Geral da República (PGR) entende que é inconstitucional a norma aprovada na Lei do Profut que obriga a apresentação da Certidão Negativa de Débitos (CND) por parte dos clubes para poderem participar das competições. A manifestação do órgão, assinada pelo procurador-geral Rodrigo Janot, ocorre na Ação Direta de Inconstitucionalidade (ADI) que tramita no Supremo Tribunal Federal (STF) desde o ano passado. O questionamento às normas do Profut é de autoria em conjunto entre o Partido Humanista da Solidariedade e o Sindicato nacional das Associações de Futebol Profissional (Sindafebol).

No parecer assinado na última quinta-feira está que “é insconstitucional imposição de regularidade fiscal como critério técnico para habilitação de entidades desportivas profissionais em competições esportivas, por caracterizar meio indireto de cobrança de tributos e restrição indevida ao livre exercício de atividade econômica ou profissional”.

Leia também

Na Lei do Profut, o artigo 40 prega como requisito para os clubes participarem de competições a regularidade fiscal por meio da apresentação da Certidão Negativa de Débitos (CND) e também a regularidade no pagamento do Fundo de Garantia do Tempo de Serviço (FGTS). Segundo o texto, “a entidade de prática desportiva que não cumprir todos os requisitos estabelecidos (…) participará da divisão imediatamente inferior à que se encontra classificada”.

No mesmo parecer, o procurador-geral da República aponta como constitucionais as contrapartidas incluídas na Lei do Profut que visam “assegurar transparência, probidade e eficiência na direção, restaurar a saúde econômica e coibir gestão irregular e temerária”. O órgão também aponta legalidade no artigo 5 da norma, que obriga a CBF, entre outras medidas, a “garantir a representação da categoria de atletas no âmbito dos órgãos e conselhos técnicos incumbidos da aprovação de regulamentos das competições”.

– O fundamental é que as normas que impõem uma maior democratização da CBF estão sendo preservadas – comentou o deputado federal Otávio Leite (PSDB-RJ), que foi o relator do Profut, sobre a posição da PGR sobre a ação que corre no STF.

Com o parecer do órgão em relação ao assunto, falta agora a decisão do ministro Alexandre de Moraes, relator da ação no STF.

Fonte: Blog de Prima

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