Despite living good time in the field in the season, the Flamengo shares the club's attention with situations off the lawn. One of Fla's moves is the lawsuit against the attacker Paolo Guerrero, which has been going on since 2018. Mengo was defeated in the process and will have to pay something around R$ 180 grand to the player.
According to ‘Sport News World’, the Flamengo You have suffered a judicial defeat and you will have to indemnify Guerrero. The fine is at 10% of the amount the club charged to the attacker for reimbursement of the image rights paid before the suspension for doping. In other words, Fla will have to disburse this amount, up-to-date, for costs and fees.
The decision was taken on Thursday (15), in the 9th Civil Court of the Capital of the Court of Justice of the State of Rio de Janeiro (TJRJ). The action came from Flamengo, who sought reimbursement of the amount paid in advance to Guerrero, before the attacker tested positive for benzoilecgonine, the main metabolite of cocaine, in 2017. With the infraction, the player was suspended 121 days from the employment contract with Mengo.
Despite this, it was decided in court that Paolo Guerrero's image contract remained in force even with the suspension of the labor agreement. The understanding was that the interruption of labor commitment between the club and the athlete, as to the player's right to act, had no vigor on the Peruvian image clause.
It is worth noting that during the proceedings, the judge responsible, Françoise Picot Cully, considered the ingestion of tea, alleged by Guerrero's defense, as unintentional. Thus, it was understood that the attacker did not try to gain advantage in performance in the games, or that the feat ‘stained’ the athlete's image, since the drink is a cultural custom in Peru, country of the formerFlamengo.
Finally, the magistrate considered that the attitude adopted by the Flamengo It didn't match the claims in the record. A contractual clause noted that any contractual termination would be validated after 30 days, with prior notice from the interested party. Which never happened. Since Rubro-Negro did not notify the attacker of such an infringement, giving him the right to present some kind of defense or explain/solve the dilemma.
