The judge, on the other hand, dismissed the fraud charge. According to Barbagalo, the charge filed by the MPDFT did not provide sufficient evidence to support the current defendants' charges. The Federal District Public Prosecutor's Office will appeal the decision. If convicted, Bruno Henrique and his brother could face a sentence ranging from two to six years in prison.
Also in the ruling issued this Friday (25), the judge denied the MPDFT's requests for precautionary measures, including the payment of bail in the amount of R$2 million (US$360,000). The Flamengo striker's defense had previously attempted to have this request dismissed, but the decision on this request was only handed down now.
In a statement (see it below), Bruno Henrique's defense stated that the part of the charge that was upheld (fraud at a sporting event) will be clarified, "in order to allow the dismissal" of the case. Barbagalo states that investigations conducted by the Organized Crime Combating and Action Group (GAECO), a branch of the Ministry of Labor and Employment (MPFDT), revealed compelling evidence against the player, who is accused of deliberately acting to receive a card in a match against Santos in the 2023 Brasileirão, held in Brasília.
The act benefited his brother and other bettors, who placed bets that the suited striker would be cautioned in the match, which ultimately occurred. Bruno Henrique was cautioned twice in the match, the first time at the end of the match for assaulting an opponent. The red card came after the final whistle for insulting the match referee.
Fernando Barbagalo's decision cites facts such as the volume of bets suggesting Bruno Henrique would be warned for the match in question, and the number of bets registered on the card from newly opened accounts as arguments for upholding the complaint.
"As stated in Alert No. 4098, the bets on Kaizen Gaming were placed by new and existing customers operating outside their normal parameters, and some of them were made from the athlete's hometown, Belo Horizonte, Minas Gerais; that, on Galera.Bet, they were placed by four new customers, all approximately 24 hours before the match and demonstrating strong confidence in the event's occurrence; and that, on KTO, they were the first bets placed by three new customers," reads an excerpt from the document.
The defense team for Bruno Henrique's family asked the court to dismiss the complaint filed against them by Judge Fernando Barbagalo. The Public Prosecutor's Office was quick to refute the lawyers' request, reiterating the content of the complaint filed in early June. Before accepting the charges against Bruno Henrique and his brother, the Federal District Court of Justice (TJDFT) approved a non-prosecution agreement with Douglas Ribeiro Pina Barcelos, also involved in the case. He confessed to betting on the Flamengo striker's card, knowing he would be warned. Because of the agreement, he will not be charged in the criminal court.
Request for compensation
In its complaint, the Public Prosecutor's Office also requested that the Federal District Court order the defendants to pay R$2 million (US$360k) in compensation for collective moral damages for the crimes of sports fraud and fraud.
According to the request, the alleged manipulation uncovered by the investigations caused an affront to sports integrity and ethics, in addition to violating consumer rights and, ultimately, the discrediting of football, a cultural heritage of Brazil, according to the Public Prosecutor's Office, due to the actions of the defendants.
The Public Prosecutor's Office's complaint also states that it attempted to offer non-prosecution agreements to some of the defendants, but that the terms presented were not accepted, which led to the filing of the complaint.
This agreement was not even presented to Bruno Henrique, as, in the Public Prosecutor's Office's understanding, this measure would not be sufficient to prevent the crimes of sports fraud and fraud.
The Public Prosecutor's Office also set bail at R$2 million (US$360k) for the Flamengo striker, "to ensure his appearance at the trial and to prevent obstruction of the judicial process or unjustified resistance to the court order."
The player's defense filed a motion to reject the bail suggested by the Public Prosecutor's Office, arguing that Bruno Henrique has a formal employment relationship with Flamengo and that the striker has not, to date, demonstrated any behavior that could hinder the progress of the investigation.
The judge, however, emphasized in his decision that Bruno Henrique has not demonstrated any intention of hindering the investigation to date and that his presence at the trial can be arranged via video conference.
See full statement from Bruno Henrique's defense:
The Judiciary rejected almost the entirety of the complaint filed by the Public Prosecutor's Office. The remaining portion will be promptly clarified, leading to its dismissal.
Bruno Henrique continues to trust the justice system, while remaining focused and fully dedicated to his life as a soccer player, certain that he never participated in any sports betting scheme.
Source: GMB
