Flamengo loses the case against Guerrero in court and is convicted

The decision was issued by the Court of Justice of the State of Rio de Janeiro

At the end of this Thursday, by decision of Judge Françoise Picot Cully, of the 9th Civil Tribunal of the Capital of the Court of Justice of the State of Rio de Janeiro (TJRJ), Flamengo suffered a serious judicial defeat. The Rubro-Negro ended up defeated in a lawsuit that had been moving since 2018 against Paolo Guerrero, a former player of the club, today at Racing, in Argentina. Esporte News Mundo had access to the details of the case, subject to appeal.

Flamengo charged the Peruvian star R$1,809,090.15 in compensation for image rights paid before the doping suspension imposed by the Court of Arbitration for Sport (CAS) – Guerrero tested positive for benzoylecgonine, the main metabolite of cocaine, in 2017. In total, the striker’s employment contract with Fla was suspended for a period of 121 days. In the sentence, the magistrate ordered the company to pay 10% of this updated amount by way of expenses and fees.

Guerrero’s defense, in court, argued that “he has never deliberately ingested any prohibited substance; that the sports judging bodies have attested that the athlete consumed a tea that contained the main metabolite of cocaine; that there was no intention of the athlete to obtain an unjust improvement in his sporting performance; that the footballer has never consumed illicit drugs or damaged, in any way, his personal image or that of the club he represented”.

In his provision, the magistrate considered that, despite the employment contract having been suspended during the anti-doping period, the contract for image rights remained in force, as it was “provided that the patrimonial obligations connected with the contract of image, even after the termination of the employment contract with the player”, and that the image contract did not include any clause on the effects against him in the event of suspension of the right to play.

“It is possible to note that the temporary suspension of the player, under the conditions described in the file, did not have the effect of determining the suspension of the effects of the image concession contract, since the athlete, although suspended, was in a position to award the use of his image, sporting nickname and voice, to be exploited by the author’s club,” argued the judge, before completing:

“In this regard, it seems that the plaintiff has failed to produce concrete evidence capable of demonstrating that he would have been prevented from exploiting the second defendant’s image economically, even if temporarily, due to the suspension measure imposed by “FIFA” “.

Following the justifications for the rejection of Flamengo’s claims against Guerrero, Judge Françoise Picot Cully considered that the tea ingestion was deemed unintentional in the quest to enhance the athlete’s performance, as the suspension was reviewed and reduced by doping. This, according to the magistrate, means that the act cannot be considered contrary to probity, morality and morality, nor does it represent a negative point in the player’s image, since the consumption of this drink is culturally widespread in Peru .

Finally, the magistrate specified that Flamengo’s attitudes, at the moment, do not correspond to the claims in the documents. Article 6.1 of the image contract instrument provided that the resolution determined by the non-fulfillment or violation of the contractual obligations was made only after a period of 30 days without the offender having remedied the irregularity, after this period from the communication sent by the interested party, but the club never sent a notification to Guerrero informing him of the alleged infringement, nor to grant him a period of 30 days to remedy the situation presented.

“On the contrary. The plaintiff’s official statement, made publicly at the material time, demonstrates that the plaintiff gave his full support to the player in connection with the suspension incident, believing that the second defendant demonstrated professional conduct exemplary with the club, so that this ruling becomes incompatible with the belief that the athlete may have acted in violation of the rules of probity, morality and morality”, concluded the judge in his argument.

With the Flamengo shirt, Guerrero took the field in 115 games and scored 43 goals defending the Rossoneri colours. The report of ENM extension has been unable to contact the individuals involved up to the time of this publication.

Source: Terra

Rose

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