Justiça reforça condenação do Flu a Pedro – Tricolor perde em segunda instância e continua tendo que pagar 1,5 milhão ao atacante
O Tribunal Regional do Trabalho (TRT) reforçou a condenação do Fluminense em um processo movido pelo atacante Pedro, que hoje o Flamengo. A decisão foi divulgada em primeira mão pelo portal UOL.
História do processo
No movimento mais recente, a Justiça reconheceu que o clube não contratou seguro para acidentes de trabalho, contrariando o que diz a Lei Pelé (artigo 45). O Fluminense, assim, terá que pagar a indenização correspondente ao seguro obrigatório: o valor estimado pelo lado do jogador é de R$ 1,5 milhão. A derrota do Fluminense no processo foi mantida em segunda instância, com os desembargadores da Sexta Turma do TRT aceitando os embargos de declaração do atacante. Os embargos servem para que o juízo esclareça alguma decisão ou se pronuncie quando houver omissão na decisão de mérito anterior.
O seguro que o clube contratou à época para os jogadores envolvia morte, auxílio funeral e invalidez permanente por acidente. Mas não tinha cobertura para acidentes com afastamento temporário, como a lesão sofrida por Pedro em 2018. O Fluminense ainda pode recorrer ao Tribunal Superior do Trabalho (TST). Se isso não ocorrer, os valores efetivamente a serem pagos pelo Flu serão discutidos quando a fase de execução da dívida oficialmente chegar.
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Por que a disputa começou
O acidente que motivou a discussão judicial foi a lesão no joelho que Pedro sofreu em junho de 2018. Ele passou por cirurgia após rompimento do ligamento do joelho direito, que foi tratada inteiramente no período em que ele esteve no clube. Em uma decisão em primeira instância ainda em 2021, o Flu já tinha sido condenado a pagar pouco mais de R$ 1,1 milhão entre multas, férias pendentes e indenização por ocasião da saída de Pedro para a Fiorentina, em 2019.
Pedro ainda teve uma decisão favorável para receber pelo menos R$ 27 mil de indenização por dano moral. Esse valor será atualizado com juros e correção monetária. O processo começou em 2020.
Por que o Fluminense foi multado pela rescisão
A Justiça do Trabalho não levou em conta o argumento do Fluminense de que Pedro, ao sair para a Fiorentina, abriu mão de receber qualquer valor pela rescisão contratual com o tricolor. A multa do jogador, à época, era de R$ 50 milhões. Isso não entrou em discussão. Mas a Justiça não isentou o Flu de pagar a rescisão trabalhista, como 13º proporcional, férias e FGTS em atraso. Por isso o valor da causa extrapolou R$ 1 milhão.
Ao fim, o Flu terá que pagar:
– 13º salário proporcional 8/12: R$ 90.000,00;
– Férias vencidas 2018/2019 + 1/3: R$ 180.000,00;
– Férias proporcionais 2/12 + 1/3: R$ 30.000,00;
FGTS dos meses:
– Julho de 2017 – R$ 1.920,00;
– Outubro de 2017 – R$ 1.920,00;
– Maio de 2018 – R$ 2.160,00;
– Julho de 2018 – R$ 4.800,00;
– Junho de 2019 – R$ 16.345,45;
– Julho de 2019 – R$ 10.800,00;
– Agosto de 2019 – R$ 11.426,08;
– Multa de 20% do saldo da conta FGTS (art. 484-A, CLT). Também é devida a multa do art. 477 § 8º da CLT, uma vez que não houve pagamento das rescisórias devidas ao Autor no prazo legal e, ainda, não houve entrega ao Reclamante das guias regularizadas para levantamento do FGTS do contrato.
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