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Flamengo faces a new legal development involving the transfer of right-back Wesley to Roma, from Itália, completed last season. A decision by Justiça determined that the Rio club make a judicial deposit of approximately R$16.8 million, an amount corresponding to 10% of the total amount of the international negotiation. The order is the result of an action filed in Rio Grande of Sul by Clube Atlético Tubarão, the association where the athlete worked during his basic training.

The judicial notification was issued to the district of Rio of Janeiro and is being processed in the 5th Vara Cível of Regional of Leopoldina. The judge responsible for the case in Rio Grande of Sul issued a precatory letter to reinforce the need for immediate deposit, aiming to guarantee the contractual rights claimed by the bankrupt estate of the Santa Catarina club. The red and black legal department has already been mobilized to respond to the financial requirement within the stipulated deadline.

Origin of the contractual dispute with Tubarão

The conflict began due to a contractual claim that Tubarão claims to have over the player’s economic rights since his transfer to Ninho from Urubu. Conforme records, the forming club maintained a percentage of future sales, which now forces Flamengo to separate part of the revenue received from the Italian team. Justiça from Rio Grande do Sul had already defined that the priority of receiving payments would be from the bankrupt estate, with the aim of paying off debts with creditors from the club’s former administration.

Wesley
Wesley – Marco Iacobucci Epp/ shutterstock.com

The complexity of the case increased with the transition from Tubarão to the Sociedade Anônima model of Futebol (SAF), which generated internal conflict over who had the legal right to manage these resources. Enquanto SAF sought to invest the amount in the current football operation, the judiciary understood that the commitments of the original entity must be resolved primarily with the remaining assets. Essa definition was crucial for the deposit order to be sent directly to Flamengo.

Transfer values ​​for Italian football

Wesley was sold to Roma in one of the most lucrative transactions for a full-back in the recent history of Brazilian football. The main agreement was closed at 25 million euros, which at the price at the time exceeded the R$160 million mark, not counting the variables due to goals achieved on European soil.

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With an additional 5 million euros foreseen in contractual bonuses, the total value of the transaction could reach figures that directly impact the annual budget of the Rio club and its partners. The young athlete’s performance at Europa has been monitored, but it is the financial aspect off the field that dominates the headlines.

Fifa solidarity mechanism under discussion

In addition to the 10% related to contractual credit, the process also discusses the 0.92% portion related to the solidarity mechanism, an international standard that protects training clubs.

This provision ensures that smaller clubs receive financial compensation whenever a player is transferred between different national federations throughout his career.

As Wesley defended Tubarão between 2019 and 2021, the Santa Catarina club is entitled to a portion proportional to the young man’s stay in its youth categories.

The rise of Wesley on the football scene

Wesley’s trajectory is marked by a rapid rise, leaving a less visible scenario in Santa Catarina to become an important player in one of the biggest clubs on the continent. Sua sale to Roma was the culmination of a valorization process that involved call-ups for youth teams and consistent performances. The valuation aroused the interest of several European clubs, but the Italian proposal was the one that best met the financial demands imposed by the Flamengo at the time.

Financial impact on red-black planning

The need to withdraw R$16.8 million from cash immediately represents a challenge for Flamengo’s financial planning. Embora the club presents successive surpluses, the retention of significant amounts in legal proceedings requires an adjustment in the flow of payments foreseen for hiring and salaries.

The amount in question is enough to cover operational costs for several areas of the club for months, highlighting the weight of the litigation initiated in the south of the country.

The club’s strategy now involves a detailed analysis of the contracts signed in the acquisition of Wesley from Tubarão to confirm the validity of the 10% percentage.

However, as the court order came from an entity that takes care of a bankrupt estate, the protection of creditors tends to be a priority, making defense maneuvers by Flamengo difficult at this stage of the process.

Progress of the court case in Rio of Janeiro

The arrival of the precatory letter on the 5th Vara Cível of Regional of Leopoldina marks the beginning of the practical execution of the court order in Rio de Janeiro territory. The Rio court requested the inclusion of additional procedural documents to ensure that the summons is fulfilled without legal defects that could cause future annulments. A bailiff was assigned to attend the administrative headquarters of Flamengo, at Gávea, to formally deliver the notification and start counting the deadline for filing. Caso the payment is not made as determined by the judge

Expectations about the outcome of the case

The outcome of the summons is cautiously awaited by the creditors of the bankrupt estate of Tubarão, who see in this sum the chance to receive part of their outstanding rights. Para o Flamengo, the tendency is for the deposit to be made under protest, allowing the club to continue discussing the merits of the case while complying with the court’s immediate guarantee order.

The court decision reinforces the importance of transparency in athlete transactions and respect for training contracts in Brasil. Independentemente the size of the institutions involved, the application of Fifa standards and civil law guarantees that the resources generated by sporting talent reach those entitled to them.

Carolina Costa é colaboradora da redação do Mix Vale, portal de notícias com cobertura de Brasil e mundo. Produz conteúdo nas editorias de economia e benefícios, com foco em informação de serviço para o leitor brasileiro. Escreve para o portal desde 2019. Formação: Administração

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