Flamengo loses lawsuit and Guerrero does not have to reimburse R$ 1.8 million for image rights

Flamengo suffered a defeat in its lawsuit against Paolo Guerrero, in which it sought the return of R$ 1.8 million referring to the image rights that the player received during the period in which he defended the club, but was suspended for doping.

The club from Rio wanted Paolo Guerrero to refund the amount of R$ 1,809,090.15, which corresponded to the 120 days in which he could not use these rights due to the suspension. However, judge Françoise Picot Cully, from the 9th Civil Court of the Court of Justice of Rio de Janeiro (TJ/RJ), considered the complaint made by Flamengo to be unfounded and even condemned the club to pay Guerrero compensation in the amount of 10% of the amount requested, that is, R$ 180 thousand.

“It is possible to see that the temporary suspension of the player, under the conditions described in the case file, did not have the effect of determining the suspension of the effects of the image concession contract, since the athlete, even suspended, was in a position to assign the use of his image, sports nickname and voice, to be exploited by the author club”, reports part of the sentence.

_{Guerrero during a match for Racing. (Photo: Reproduction/Paolo Guerrero/Instagram)}

In the decision issued this Thursday, judge Françoise Pivot Cully highlighted the support shown by Flamengo to Paolo Guerrero in his fight to prove his innocence in the doping case. According to Cully, the club treated the player as an “exemplary professional”.

The case revolves around the suspension of Paolo Guerrero on the eve of the 2018 World Cup. In November 2017, the Peruvian player was suspended by FIFA after testing positive for a substance found in coca tea during a World Cup qualifying match. of the world. As a result, Guerrero was sidelined for the remainder of the season by Flamengo, including the Copa Sudamericana final.

After the end of the bond in 2018, Flamengo opted to start a lawsuit in order to recover a portion of the payments stipulated in the five-year contract with Guerrero, in the total amount of R$ 16 million. The amount of BRL 1.8 million requested by the club corresponded to the period of approximately 120 days in which the player could not use his image. However, Flamengo was not successful in this legal dispute, according to a decision handed down this Thursday.

Featured Photo: Paolo Guerrero wearing the shirt of the Peru national team. Playback/Paolo Guerrero/Instagram