O América Mineiro divulgou, neste sábado (01), que irá buscar seus direitos junto ao Governo do Estado de Minas Gerais para impedir que seja feita a ampliação do estádio Independência.
De acordo com o texto publicado no site oficial, o clube afirma que vai tomar as providências legais contra a “obra” que está sendo executada pela concessionária “a toque de caixa e na calada da noite”. Em 2009, a direção do América-MG cedeu para o Estado de Minas Gerais o uso do Estádio Raimundo Sampaio, o Independência, pelo prazo de 20 anos, em troca dos recursos para obras de reforma e modernização da arena. O Governo de MG repassou a administração do campo para empresa BWA, que é sócia e parceira do Atlético-MG. Desde 2012, o clube alvinegro estabeleceu o Independência como principal casa, nos jogos em Belo Horizonte. Posteriormente, a BWA se uniu à empresa Lagardère formando o consórcio Lu Arenas.
Foto: Superesportes
Confira abaixo, na íntegra, o que diz a nota oficial do América
“Em matéria veiculada pela imprensa, o representante legal da Concessionária do Estádio Independência (BWA) anunciou que a Arena teria sua capacidade ampliada e que as obras seriam iniciadas imediatamente.
Diante desta informação, o América Futebol Clube, legítimo proprietário do Estádio, vem esclarecer que:
Toda e qualquer alteração no patrimônio do clube, do qual o Estádio Independência faz parte, deve ser submetida ao América para análise e, se for o caso, aprovada pelo seu Conselho Deliberativo e Consultivo. Nenhuma benfeitoria poderá ser erigida no estádio Independência sem a formal e expressa autorização do seu proprietário.
O América Futebol Clube não foi em momento algum consultado oficialmente pelo Governo do Estado de Minas Gerais ou pela Concessionária operadora do Estádio, mediante a apresentação de formal projeto arquitetônico ou de engenharia, sobre a possibilidade de se realizar as obras de ampliação na Arena.
Logo, desconhece o que está sendo executado na surdina e ao arrepio da lei e do contrato na Arena, o que em hipótese alguma poderá continuar, sob pena de se caracterizar quebra de obrigações contratuais, nos termos do contrato de cessão de uso do Estádio celebrado pelo América com o Governo Estadual.
Imagens e fotografias que circulam na imprensa e nas redes sociais, registraram a presença de carretas descarregando materiais diversos no Estádio Independência, e segundo entrevista do Sr. Bruno Balsineli, destinam-se ao aumento da capacidade de público na Arena, acréscimo, ao que parece, de 6.000 (seis mil assentos), aproximadamente.
A relação contratual do América Futebol Clube é única e exclusivamente com o Estado de Minas Gerais. O citado Concessionário, por sua vez, firmou contrato com o Estado de Minas Gerais, após processo de licitação promovido pelo próprio ente público.
Lamentavelmente, o Concessionário insiste em descumprir as cláusulas do contrato de concessão que assinou com o Estado de Minas, refletindo e causando prejuízos ao América Futebol Clube e, agora, lesando também o Estado de Minas Gerais, impondo-se imediata e drástica atitude por parte do Ministério Público Estadual e da Advocacia Geral do Estado, que não podem se omitir diante da irresponsável conduta do Concessionário, atualmente um inadimplente contumaz.
Nos termos do Anexo I do 1º Termo Aditivo ao Termo de Compromisso nº 25/2009, celebrados entre o América Futebol Clube e o Governo de Minas Gerais, a concessão da operação do estádio por terceiros deve atender a todas as condições previstas no próprio termo de compromisso acima referenciado, além dos critérios básicos e mandatórios previstos no anexo.
Pois bem, o item 3 do Anexo I, estabelece que o Concessionário (BWA) teria 2(dois) anos, contados da assinatura do contrato, para apresentar proposta para o melhor aproveitamento das áreas não utilizadas, definidas como sendo a circunvizinha ao bloco de apoio e vestiário e iniciar a execução, isso após a expressa autorização e prévia ciência do proprietário do Estádio, o América Futebol Clube (item 4 do Anexo I), o que jamais ocorreu até a presente data.
Esgotado o prazo de 2 (dois) anos, a BWA nada fez, permaneceu inerte, o que acarretou a perda do seu direito de explorar aquela área do Estádio, que passou a ser EXCLUSIVAMENTE DO GOVERNO DO ESTADO DE MINAS GERAIS, GARANTIDO AO AMÉRICA (CEDENTE) A POSSIBILIDADE DE PROPOR E EXECUTAR EMPREENDIMENTO NA ÁREA, RATEANDO OS RESULTADOS FINANCEIROS COM O GOVERNO ESTADUAL. A área circunvizinha ao vestiário e bloco de apoio não mais integra o contrato de concessão assinado entre BWA e o Governo do Estado. Vejam os itens contratuais aqui mencionados:
Como visto acima, jamais a BWA ou quem quer que agora seja poderia edificar qualquer coisa naquela área, que não mais integra o objeto do contrato de concessão. O direito, desde o dia em que completou o segundo ano de vigência do contrato, é do Estado de Minas Gerais e do América Futebol Clube, de mais ninguém.
O América entende que a Arena Independência é um negócio e, por ser assim, deve ser rentável para todas as partes envolvidas, sendo certo que não se oporia a qualquer melhoria que viesse a aumentar a rentabilidade da operação. Entretanto, a Concessionária BWA jamais se dispôs a sentar com o Clube proprietário, de forma oficial, e apresentar propostas e projetos concretos.
O América Futebol Clube não admitirá qualquer ofensa a qualquer direito que possua, seja o agente que for, e adotará todas as medidas legais cabíveis na espécie, tanto na esfera cível, penal ou administrativa, assim como fez quando tentaram suprimir a identidade visual do clube no estádio em jogos recentes da Copa Libertadores.
Ademais, admitindo-se apenas a título de argumentação de que se a BWA tivesse o direito de agir da forma como está fazendo (Direito que não mais possui e não lhe pertence) o América manifesta publicamente a sua preocupação com a “obra” que está sendo executada pela Concessionária “a toque de caixa e na calada da noite”. Eis que, se concluída (hipótese pouco provável), poderá colocar em risco a integridade física e até mesmo as vidas dos milhares de torcedores que por desventura venham a adquirir ingressos para aquela área.
Indaga-se: O tal projeto, devido ao acréscimo do impacto de pessoas, foi devidamente aprovado pela Municipalidade, especialmente nas Secretarias de Regulação Urbana (Smaru), Meio Ambiente, Planejamento Urbano (SMAPU), BHTRANS, Corpo de Bombeiros, SLU, CREA/MG? Possui alvará? Qual o nome e o CREA do responsável técnico? Possui a chamada ART – Anotação de Responsabilidade Técnica perante ao CREA/MG?
Um processo administrativo de licenciamento dessa natureza, pelos riscos que envolve e pela sua complexidade, possui tramitação lenta junto ao Município, cerca de 12 (doze) meses, no mínimo. Será que a Prefeitura Municipal de Belo Horizonte, que possui corpo técnico experiente e zeloso, foi devidamente acionada pela Concessionária?
O América Futebol Clube está sempre a disposição para conversar sobre o melhor aproveitamento do seu patrimônio, mas jamais admitirá ser ofendido e desrespeitado em seus direitos e, no caso em tela, adotará todas as medidas legais para que o doloso ato praticado pela Concessionária da Arena seja imediatamente paralisado.
O América Futebol Clube na legítima defesa dos seus direitos e da integridade física dos torcedores que frequentam o seu Estádio, finaliza esta nota solicitando a imediata manifestação e providências do Governo do Estado de Minas Gerais, do Ministério Público de Minas Gerais, da Advocacia Geral do Estado, do Município de Belo Horizonte, do Corpo de Bombeiros, do CREA/MG, da Polícia Militar de Minas Gerais e do Conselho Regional de Engenharia – CREA MG, Seção Minas Gerais, sob pena de se caracterizar conivência com o mau feito aqui denunciado.
AMÉRICA FUTEBOL CLUBE”
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