i have found the solution on my own was very tricky in fact there is a piece of luck on it.
in my report i have checked the option Summary With page Header and Footer
selected true
.
Summary With page Header and Footer
according to the DOCS
to solve my problem i have uncheck this option
and everything works ok. Seems Jasper tries to print the Footer LastPageFooter
in this case even when shouldn't and there is not space on it.
my working Options
i really hope can help somebody.