Jogadores dispensados por aplicativo somam prejuízos astronômicos no Flu
Dezembro de 2017 e o Fluminense anuncia que oito jogadores de seu plantel não precisariam mais se apresentar para a pré-temporada do ano seguinte, via aplicativo WhatsApp. Dentre eles, jogadores de renome como Cavalieiri, Henrique e Marquinho, além de Wellington Silva, lateral que vinha sendo titular, Arthur, Higor Leite, Maranhão e Robert. E que fim levou esses jogadores? Todos processaram o Flu, com exceção do Maranhão e ganharam suas ações.
Para começo de conversa, bom seria explicar que, no Brasil, estamos acostumados a falar quanto o jogador ganha por mês enquanto na Europa falamos por temporada, ou até mesmo, pelo valor total do contrato. E isso seria, talvez, o mais correto. Por exemplo, se um jogador firma contrato onde ele vai receber R$ 100 mil por mês, com duração de 3 anos, seria correto dizer que ele assinou por R$ 1,2 milhão por temporada ou um contrato de R$ 3,6 milhões. Bom, isso serve para entender o que ocorre quando se rompe um contrato unilateralmente no futebol, de acordo com a Lei 9.615/1998, a famosa Lei Pelé.
Art. 28. A atividade do atleta profissional é caracterizada por remuneração pactuada em contrato especial de trabalho desportivo, firmado com entidade de prática desportiva, no qual deverá constar, obrigatoriamente: (Redação dada pela Lei nº 12.395, de 2011).
§ 3º O valor da cláusula compensatória desportiva a que se refere o inciso II do caput deste artigo será livremente pactuado entre as partes e formalizado no contrato especial de trabalho desportivo, observando-se, como limite máximo, 400 (quatrocentas) vezes o valor do salário mensal no momento da rescisão e, como limite mínimo, o valor total de salários mensais a que teria direito o atleta até o término do referido contrato. (Redação dada pela Lei nº 12.395, de 2011).
Ou seja, trocando em miúdos: se rescindir o contrato unilateralmente e sem acordo, o atleta terá o direito de receber, no mínimo, os salários que teria direito até o final do contrato (grifo nosso, no artigo acima). Esclarecido isso, essa ação de dispensa por WhatsApp transformou ativos do clube – o jogadores poderiam ser negociados, emprestados e etc – num passivo monstruoso onde todos tinham razão em seus pedidos. Com o agravante: o Flu ainda fez acordo com alguns deles, nos processos, e não cumpriu. Com isso, viu o valor da dívida disparar pelas multas nos mesmos.
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Os principais processos:
CAVALIERI:
Foi feito um acordo de R$ 6.105.124,74, e o Flu não honrou. Hoje, o goleiro tem uma penhora sobre as cotas de TV no montante de 15% até satisfazer o crédito de R$ 3.141.746,93. E já foi pior. O goleiro aceitou reduzir de 30% para 15% a fatia a ser penhorada.
MARQUINHOS:
O meia, autor do gol salvador em 2009, processa o clube e já teve duas decisões favoráveis. Na primeira, a Justiça condenou o Fluminense a pagar R$ 7,5 milhões. Isso porque o clube não cumpriu o acordo celebrado no início de 2018, no valor total de R$ 6 milhões, referentes a verbas trabalhistas atrasadas (salário, férias, 13º), parcelas não recolhidas de FGTS e verbas rescisórias. Os pagamentos seriam divididos em uma parcela de R$ 1 milhão, outra de R$ 2,6 milhões e 20 de R$ 120 mil. Hoje, o atleta conseguiu nova vitória na justiça, penhorando o patrocínio advindo da Auto Visa Rio até que satisfaça a importância de R$ 9.396.972,22, fora os que ele já recebeu – cerca de R$ 1 milhão.
WELLINGTON SILVA (lateral)
O jogador teve sucesso na sua empreitada, onde pleiteou cerca de R$ 1,3 milhão. A justiça determinou a penhora das receitas que o clube teria direito, junto à CBF, contudo um novo acordo celebrado entre as partes evitou a penhora. Tricolor irá pagar R$ 1,2 milhão em quatro parcelas ainda em 2019.
HENRIQUE
O Fluminense foi condenado a pagar R$ 9,1 milhões, no final de 2018. Processo ainda rolando, em fase de recurso. Aguardando decisão da 2ª instância.
HIGOR LEITE
O meia obteve nesse domingo uma decisão favorável, onde o Flu será obrigado a lhe pagar R$ 860.347,40 em verbas trabalhistas e demais direitos. O clube ainda não foi intimado da sentença, que cabe recurso.
Esses processos, juntamente com os dos demais credores do clube – hoje tivemos a notícia de que A MPI, empresa que detinha um percentual de Gérson, também já peticionou requerendo que seja penhorado cerca de 11 milhões de reais, da venda do Pedro para o Fiorentina, sufocam o fluxo de caixa tricolor. Existem outros tantos, não listados nessa matéria.
Em entrevista, o presidente Mário Bittencourt chegou a falar em cerca de R$ 350 milhões em processos contra o Fluminense. O Flu, para variar, é quem paga o pato e a torcida é a que sofre as consequências…
ST
Por que o presidente não contrata uma Auditoria Externa para levantar eventuais irregularidades em gestões passadas e aciona judicialmente os possíveis responsáveis? A continuar assim, em breve, o clube será apenas história.
O vasco arrecadou mais de 17 mil doações que foram realizadas até sexta-feira e o clube bateu a meta 30 dias antes do fim do prazo e arrecadou mais de 2.000.000,00 com seus torcedores, é relevante que todos os portais do FLU se unissem para ajudar nosso Fluminense,que tal?
Longe de mim ser defensor do Abad, mas essa ideia não partiu dele… há algo podre por trás dessa manobra… por isso que a política do Flu deve ser corrupção pura… é um querendo “ferrar” o outro… o grupo que era aliado do nada fica contra… e se me lembro bem o Diogo Bueno estava no meio disso ai… o Abad foi no mínimo ingênuo em cair… pq não é possível o cara não perceber que fazer um negócio desse seria óbvio que ia dar processo… apesar de ser passado, deveria ter uma investigação e cobrar dessas pessoas reparação…
Saudações Tricolores
O Flamengo foi esperto, o que eles fizeram? Eles tinham uma dívida maior do que s nossa. Pediram um empréstimo, e quitou todas as pendências trabalhistas e o dinheiro referente a imagem, eles embolsaram melhorando, o as finanças, além de pagar boa parte da dívida vendendo os garotos da base deles. Vinicius Jr Paquetá, dentre outros. Arrumaram uma empresa para administrar o futebol. É p resultado está aí. Nós poderíamos estar bem melhores, mas a incompetência é uma doença endêmica no clube.
Vamos FLUSAO acordar para podermos ser gigante dê novo, se tiver interesse podemos pegar o empréstimo e salar tudo com esses canalhas, faz tijolinho por tijolo que nem a Urubuzada fez o negócio é arrecadar e ficar em dia. Temos q se unir e incentivar outros clubes que estão também passando por este momento. Vamos mostrar que também podemos e juntos venceremos essa luta.
Sou flamenguista mais odeio ver essa mídia paulista adorando falar mal dos times do rio eu de coração espero q vcs consigam fazer como o Flamengo fez de maior devedor do Brasil hoje o mais rico
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