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Flamengo presented its formal defense before Justiça of Rio of The legal imbroglio involves Tubarão, the Santa Catarina club where the athlete played in his youth, which claims 10% of the total value of the negotiation carried out with European football. The red-black board classifies the action as undue and filed a request for the process to be carried out under Justiça secrecy due to the confidential content of the contractual clauses mentioned.

The Rio club’s defense maintains that Tubarão acted in bad faith by omitting information about past negotiations that would have extinguished its right to any percentage in future sales. Segundo the lawyers of Flamengo, the team from Santa Catarina sold the stake it owned directly to the player Dessa way, the training club would no longer have a legal basis to demand part of the amount paid by Roma in this international transfer window.

  • Total transfer from Wesley to Roma: R$160 million.
  • Amount claimed by Tubarão in Justiça: R$ 16 million (10% of the total).
  • Percentage of solidarity mechanism under discussion: 0.92%.
  • Flamengo’s main allegation: Alienação preview of rights by the Santa Catarina club.

The red-black legal department argues that it was surprised by the court summons and the injunction that ordered the immediate deposit of the amounts into a judicialized account. The statement filed this Wednesday, January 28, 2026, reinforces that the Tubarão’s claim lacks legitimate contractual support and ignores business acts carried out by the Sul association itself. Flamengo emphasizes that maintaining this charge would constitute unjust enrichment on the part of the plaintiff in the lawsuit.

Defense details waiver of contractual rights by Tubarão

The core of the challenge presented by Flamengo lies in a document signed by Tubarão that would prove the definitive waiver of the 10% economic rights that the club held. According to the document attached to the process, this portion would have been negotiated between the Santa Catarina club and the athlete Wesley’s own staff even before his consolidation in the red-black professional team. Portanto, any residual financial link would have been terminated with the settlement of this specific agreement between the interested parties.

Flamengo accuses Tubarão of violating the duties of loyalty and probity by calling on Poder Judiciário to charge something that no longer legally belonged to him. In the view of the Flamengo leadership, the attempt to block the R$16 million represents an aggressive strategy that does not match the reality of the documented facts. The Rio club requests that the injunction be revoked immediately to avoid losses to the sports institution’s cash flow during the current financial year.

Responsibility for the Fifa solidarity mechanism

Another point of technical divergence in the action concerns the payment of the Fifa solidarity mechanism, which benefits training clubs in international transfers. Tubarão included in the request a deposit of 0.92% of the total value, an amount that corresponds to the period in which the right-back remained linked to the youth teams in Santa Catarina. Flamengo, however, explained to the court that this financial obligation should not fall on the selling club, but rather on the purchasing entity.

International sports legislation establishes that Roma, as the club acquiring federative rights, is responsible for retaining and distributing the amounts relating to the player’s training. Flamengo highlights that it has already provided the necessary information for the Italian club to comply with the mandatory transfers to the clubs where Wesley spent between the ages of 12 and 23. With this argument, the legal department tries to free the Rio club from any responsibility for this specific portion of the alleged debt.

Need for confidentiality in professional contractual instruments

Justiça’s request for secrecy is based on the protection of sensitive data involving not only Flamengo and Tubarão, but also third parties involved in the market operation. The transfer and image rights contracts contain strict confidentiality clauses that, if exposed, could compromise future negotiations and the club’s relationship with international partners. Flamengo understands that the discussion must remain restricted to judges and lawyers appointed to preserve the integrity of corporate information.

The public exposure of detailed values ​​and contractual bonuses is seen as an unnecessary risk by the red and black board, especially in a highly competitive environment in the football market. Justiça is expected to analyze the confidentiality request in the coming days, pending a response from the Santa Catarina team regarding the accusations of bad faith. For now, the process continues in regular processing in the district of the capital of Rio de Janeiro, awaiting new decisions on the merits of the million-dollar charge.

Financial impact and asset management in Rio de Janeiro football

The transfer from Wesley to The retention or blocking of R$16 million represents a significant portion of the expected revenue, which justifies the speed and rigor of the Rio club’s legal response. Current management prioritizes the protection of assets and legal security in all transactions involving athletes trained in Ninho of Urubu.

The case serves as a warning for relationships between elite clubs and training teams, highlighting the importance of accurate contractual records in Confederação Brasileira of Futebol. Flamengo reiterates that all its actions are guided by transparency with its partners and strict compliance with the rules of Fifa. The outcome of this legal fight will have direct repercussions on the way in which partnerships for the division of economic rights will be drafted in future negotiations within the national scenario.

Situation of full-back Wesley in Italian football

While legal departments duel in Brazilian courts, player Wesley is already integrated into the training and competition routine in the Italian capital. The athlete is not a direct party to the lawsuit filed by Tubarão against Flamengo, but his name is central in all the documentation that supports the red-black defense thesis. The right-back remains focused on his adaptation to European football, after being one of the defensive highlights of Brasil in previous seasons.

Roma confirmed that the administrative procedures for the transfer were carried out in accordance with international standards, and the legal dispute in Rio of Janeiro does not interfere with the regularity of the athlete’s registration. The expectation is that the player will maintain the performance that valued him in the market, regardless of the external noise caused by the dispute between his former clubs. Flamengo continues to monitor the situation to ensure that the athlete’s image and the institution’s reputation are not affected by the financial controversy.

History of negotiations between Flamengo and training clubs

Flamengo has a history of rigor in defending its economic interests, especially when involving percentages of smaller clubs in players who technically exploded in Gávea. Situações similar events have already occurred in past sales of other base athletes, where the clarity of the transfer of rights contracts was fundamental to the red and black’s legal victories. The club invests heavily in its legal sector to prevent ambiguous interpretations from generating cascading financial losses.

Tubarão, in turn, seeks to protect what it considers a legitimate right to financial survival for clubs with lower investment. Collection via solidarity mechanism or resale percentages is vital for maintaining base activities in Santa Catarina. The confrontation of legal theses now depends on the validation of signatures and the exact chronology of the agreements signed between the years 2022 and 2024, the period in which Wesley passed between the clubs.

Thiago Lemos é colaborador 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 2020: Formação: Administração.

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