Public Prosecutor’s Office drops false statement case against Olten Ayres | OneFootball

The Public Prosecutor’s Office of the State of São Paulo (MP-SP) ordered the closure of the police investigation that was looking into Olten Ayres, president of the Deliberative Council of São Paulo Futebol Clube, for an alleged act of ideological falsehood.

The decision was issued by prosecutor Daniela Domingues Hristov, from the 4th Criminal Prosecutor’s Office of the Capital, who pointed to the lack of criminal typicity in the conduct under investigation as grounds for closing the case.

The decision came after the Civil Police had indicted the executive last week. The investigation had been opened based on a complaint from the club’s Ethics Committee, which, in a report dated April 29, identified signs of irregularity and forwarded the documentation to the police authorities.

Legal Grounds for Closing the Case

In the police investigation, the preparation of an opinion dated December 17, 2025, signed by members of the Advisory Council José Eduardo Mesquita Pimenta and Ives Gandra da Silva Martins, was called into question. The Civil Police argued that the draft of the document had been written by Olten Ayres and delivered only for the collection of signatures, without prior deliberation by the body.

In analyzing the case, however, the Public Prosecutor’s Office emphasized that:

Advisory Nature: The Advisory Council is purely consultative in nature, with no prerogative to amend the bylaws or produce binding legal effects.

Absence of Harm: It was not proven that the opinion was capable of harming rights, creating obligations, or altering the truth about a legally relevant fact — essential requirements for characterizing the crime of ideological falsehood.

Contacted for comment, Olten Ayres said he would not comment on the matter.

Context of Other Investigations: The archived inquiry is unrelated to the three investigations conducted by the Public Prosecutor’s Office and Civil Police task force, which are looking into suspicions of money laundering, irregular exploitation of luxury boxes at Morumbi, and corruption in Julio Casares’s administration.

Origin of the Statutory Deadlock

The controversy began after a filing by president Harry Massis regarding the procedures surrounding a proposed bylaw reform submitted by former president Julio Casares in December 2025. The proposal provided for two central changes: making the quorum requirement for the creation of a Football Joint-Stock Company (SAF) more flexible and separating football from the social club.

At the time, the matter proceeded with referral to the Advisory Council, which issued an opinion in favor of the reform. Later, the Legislative Committee spoke out against the changes, but its opinion was invalidated by Olten Ayres on the grounds that the 30-day procedural deadline had been exceeded.

In an internal investigation, the club’s Ethics Committee heard from members of the Advisory Council and concluded that the body had not met in person to discuss the text. An email from Ives Gandra cited in the investigation indicated that the letter reflected isolated conversations and that the final wording had been prepared by a club lawyer. Based on that understanding, the internal body had classified the document as potentially false, a theory now dismissed by the courts.

This article was translated into English by Artificial Intelligence. You can read the original version in 🇧🇷 here.