The STJ (Superior Court of Justice) reversed on Tuesday afternoon (6) a decision of the TJ-SP (Court of Justice of São Paulo) and determined that Manuel da Lupa, president of the Portuguese from 2005 to 2013, is responsible for the payment of a debt contracted with the extinct Banif.
The decision was made unanimously, with four votes in favor of reforming the trial of the TJ-SP.
From the magnifying glass died in February 2024 at the age of 74. Following the death of the top hat, the heirs of his estate were included in the process, which originates in a loan made by the leader in 2010, in the amount of $ 17 million. The operation had as its guarantors the wife of Da Lupa, Maria de Fátima Fernandes Ferreira, and the then vice president of the club, Antonio Luiz Fernandes de Azevedo.
The loan won in 2012. As there was no payment, the bank went to court to receive the amounts, which, according to the defense of the banking institution, can reach $ 200 million currently after considering the charges over 15 years.
Also according to the representatives of Banif, in the course of the judicial process, the magnifying glass would have donated all his assets to his children a few months before the debt expires.
“The decision of the STJ recognizes the smoothness of the operation celebrated between Banif and the couple Manuel and Maria de Fátima,” he told the Sheet Ricardo Zamariola Junior, lawyer who represents Banif.
Edgard Ermelino Leite Junior, representative of the leader and his family, said he will “analyze the upcoming procedural measures he should adopt”. The defender may seek an appeal at the Supreme Court (STF), but the possibility is questioned by the lawyer representing Banif.
“In practice, there is no discussion of a constitutional issue, so the Supreme Court should not grant any appeal,” said Zamariola.
Clerk of the Lusitanian team in the period marked by the 2011 Series B title and the controversial relegation in the 2013 Brazilian, caused by the irregular lineup of midfielder Herverton, Manuel da Lupa stated in 2016, in an interview with GE.com, that was used as “orange” in financial operation.
“I was orange, iron forehead. I had no benefit of the money,” he said. “I will fight in court for Portuguese to pay,” he added.
In the case file, the Portuguese states that the operations were signed by Manuel da Lupa and the bank on behalf of the leader, not as president of the club. The association, however, does not deny that it received funds passed by the top hat while he exercised his mandate.
Sought after the STJ’s decision, the Lusitanian team did not speak until the publication of this text.
