Brazil's Cbf Intentionally Hurting Under-20 Star Oscar Chances At Olympics

CBF isnt dirty at all, in this case. They did the right thing. The decision was delayed by the same purpose that happened when his entry was changed to Sao Paulo(it was delayed about 2 weeks, if can you remember he played some games in this uncertainty period). It's a juridic decision about an brazilian worker, a controversial decision that needs to be enlightened to the sports realm. The judge only said that Oscar can choose (likewise any other brazilian worker) where he wants to work, but recognize that the lawsuit between he and his former club(Sao Paulo) still running. So, CBF just delayed the change in 'BID' cause the veredict of the judge was unclear, and asked for more information about how can they act about Oscar's entry.

By the way, i think the judge decision is ridiculous. This decision open up precedent for any player who wants to do the same, i mean, contracts won't be respected anymore. What happens to Sao Paulo today, may occurs with Internacional tomorrow, and all the former clubs(that charge the formation of player) will be victims of the player's agents. It's sick for sport in general. I mean, its obvious that clubs want money either, but at least they have an relation to the sport, agent money its only for money purpose.

and just to remember, he not became "free-agent" again completely, he won an habeas corpus of the decision that turn his contract to Sao Paulo again, its temporary until they have the final judgement. This is not over, and it isnt about CBF or Inter. Its about Sao Paulo X Oscar+his agent

 

“Oscar when 16 signed a deal with club São Paulo FC. 2 years later he took São Paulo to court because he said he felt forced to sign at 16 (something which is illegal in Brazil) and also there were some other obligations Sào Paulo wasn't following through on.”
CORRECTION: this story of “aliciamento” (enticement) is unfounded. There is no evidence whatsoever presented by Oscar himself, his lawyers, or Internacional’s lawyers to prove this. The allegation that São Paulo Futebol Clube was not following through with its legal obligations with Oscar is likewise absolutely false.

A few days ago, Oscar had a one-on-one meeting in Brasília with Guilherme Caputo Bastos, minister of the Tribunal Superior do Trabalho (TST – Supreme Labor Tribunal). In that meeting, Oscar stated to Minister Bastos that the reason for his departure from São Paulo Futebol Clube to Internacional was a salary question. However, if São Paulo Futebol Clube was indeed defaulting or delaying salary payments, what better opportunity would Oscar have to make this known? Why not tell the minister himself, face-to-face? Why did Oscar’s legal team and/or Internacional’s attorneys present evidence São Paulo Futebol Clube wasn’t following through with its obligations?

Because there is NO evidence. São Paulo Futebol Clube did NOT delay ONE SINGLE SALARY payment.

Furthermore, Oscar told Minister Bastos that he was always well-treated at São Paulo Futebol Clube, and that he has good memories of his time at São Paulo Futebol Clube.

“Brazilian Justice declared Oscar the winner of the case and became a "free agent" to put it in American terms. Oscar then 18 signed with Porto Alegre side, SC Internacional.”

Let’s be specific and clear about what you mean by “Brazilian Justice.”

The judge who issued the liminar (decision) enabling Oscar to sign with Internacional in the first place is Eumara Nogueira Borges Lyra Pimenta, from the 40th Labor Jurisdiction of São Paulo. Her decision was later overturned, UNANIMOUSLY (3 votes to none) by higher-ranking court judges from the 16th Division of São Paulo’s TRT (Tribunal Regional de Trabalho), or in English, Regional Labor Tribunal. The reason? There was still a legally binding and valid contract between Oscar and São Paulo Futebol Clube.

The first contract was signed when he was, as you said, 16:
· Term: 3 years
· Luvas: R$70,000
· Salary: R$7,500/month on year 1; R$8,500/month on year 2; R$9,500/month on year 3.
· International penal clause: USD 40 million

Oscar was later legally emancipated, and a second contract was signed, thus replacing the first one:
· Term: 5 years (December 4, 2012)
· Luvas: R$120,000
· Salary: Salary aligment for the first three years; salary raise in year 4 (R$12,000) and in year 5 (R$16,000)
· International penal clause: EURO 40 million

THIS is why the court judges from the Regional Labor Tribunal overturned the original liminar. There was a salary raise.

I can personally appreciate Oscar’s feelings as he wants to play – that’s his profession and passion. But he should not have signed a new contract with Internacional when his original (the second) contract with São Paulo Futebol Clube was perfectly legal and had never been nullified. Had the clause been paid (in Portuguese, “multa rescisória”) we would not have this problem. São Paulo Futebol Clube is acting within its legal rights under Brazilian law. The contract is still valid.

In good old-fashioned Portuguese, this is CALOTE (an ignoble word meaning not paying one’s debts).

Internacional’s lawyers, as well, knew EXACTLY what they were doing when Judge Eumara Nogueira Borges Lyra Pimenta issued that liminar. They knew how the law worked and they were fully aware that the Oscar-São Paulo Futebol Clube contract was still legally binding – Oscar was still “vinculado contratualmente” (contractually bound) with São Paulo Futebol Clube. These lawyers knew that there was a chance a future judicial decision against Oscar’s wishes, and they went ahead nonetheless, signing Oscar to Internacional while knowing the risks. In Brazilian legal terminology, Internacional is a “litigante de má fé” (a bad-faith litigant).

As far as Brazil’s laws are concerned, the newly signed contract between Oscar and Internacional is inconsequential. He who pays poorly pays twice, as we say in Brazil. Internacional cannot rightfully claim to be an innocent victim if it signed a player under litigation with another club. And Oscar had no legal right whatsoever to unilaterally rescind his contract with São Paulo Futebol Clube without any judicial motive sustaining such a breach of contract. This is why the São Paulo TRT’s decision to overturn the original liminar was correct.

Above and beyond a young player’s career aspirations, a team from São Paulo who wants an existing contract honored, and a team from Porto Alegre who wants to take advantage of an undeniably talented and promising footballer, the crux of the issue is legality and the application of the law. If Oscar is ultimately allowed to do as he wishes and São Paulo doesn’t receive compensation as it deserves under the law, it will simply set a dangerous precedent: any player will think he can violate a contract and thusly cornhole the team with whom he had a signed contract. In São Paulo’s case, São Paulo gave him everything: training facilities, trainers, nutritionists, equipment, training gear. São Paulo poured a sizable investment in Oscar’s career. It is not surprising and certainly not unreasonable for São Paulo to fight this to the end in the courts of Brazil.

And on a greater scale, Brazil has made great improvements towards being a society of the rule of law. This would be a setback and a step backwards. There is way too much “malandragem” in all sectors of Brazilian society, and a victory for Oscar and Internacional would send a clear message: malandragem pays.

What is also telling is that Soccerscout’s personal blog has had many Internacional fans write comments saying that they cannot blame São Paulo for taking its position. They also wrote that if it was the other way around, with Internacional being shafted of a player who took a contract with another club while its own contract was still legally binding, that they wouldn’t be happy about the situation.

As far as CBF is concerned, last night, Brazilian news reported that CBF and São Paulo Futebol Clube have exchanged documents and that the former has declared that the legal connection between the latter and Oscar is still valid. CBF has also sent a document to CONMEBOL (which can be seen here: http://zerohora.clicrbs.com.br/rbs/image/13419163.jpg), in which CBF states that the contract between SÃO PAULO FUTEBOL CLUBE and Oscar is still valid.

Now, São Paulo Futebol Clube has upped the ante, and it has e-mailed several documents to the management personnel of soccer club Caxias do Sul. These are documents São Paulo Futebol Clube has in its possession regarding this entire situation with Oscar. Caxias do Sul is not sitting still; on the contrary, its own legal team is now analyzing the documents and it may file a complaint with the Federação Gaúcha de Futebol (Rio Grande do Sul State Soccer Federation). Caxias do Sul is investigating if Oscar was illegally allowed to play in this past weekend’s first leg of the Campeonato Gaúcho’s final, in which Oscar scored a goal.

The pressure is now rising against Oscar and Internacional. There is already talk that if Oscar plays this Thursday in the return leg of the round of 16 match vs. Fluminense and if Fluminense is eliminated, and later on CONMEBOL decides Internacional fielded Oscar illegally, that Internacional will be sanctioned.

As we say in Brazil: aqui se faz, aqui se paga (done here, paid here).

 

you can´t oblige a player to play somewhere just because of a contract. Its simple: he can play WHEREVER HE WANTS WHEN HE WANTS. But he will have to pay the fine for breach of contract. SIMPLE AS THAT.

Thus, you São Paulinos should stop being cry-babies, specially considering São Paulo is the biggest meddler in player-transfer and "aliciamentos" in the history of brazilian football.

Just ACCEPT Oscar left and charge for the breach of contract. And btw, the price must be set at what Oscar was worth when he left the club, not today´s value. And the transfer for Inter was not an international tranfer, so, I dont even know why Century Best put in bold the international transfer fee value.

 

São Paulo Futebol Clube’s leadership can live with Oscar never playing for SPFC again. What it wants is what it is entitled to under the law, which I made very clear in my post.

São Paulo Futebol Clube has never done what Internacional and Oscar are doing. Besides, even if São Paulo Futebol Clube had been guilty of such unprofessional dealings, it would not invalidate São Paulo Futebol Clube’s legal rights and it would not justify what Oscar and Internacional have done.

WHO determines that, Trantor?

I put that in so that readers here would have a correct understanding of this issue. SoccerScout’s heavily biased opening post left out many relevant facts. Case in point, he said “Brazilian Justice” made Oscar a “free agent” when that was a vague statement omitting the facts I then proceeded to detail. A local judge, overturned by superior judges.

Mind you, São Paulo Futebol Clube is willing to let go of Oscar for R$12 million plus 20% of whatever Internacional receives in a future sale of Oscar’s rights. Internacional is analyzing this possibility.

And, you wrote: “Just ACCEPT Oscar left and charge for the breach of contract.”

São Paulo Futebol Clube has held that position all along. Pay what the contract stipulates is the breach of contract fee.

So Trantor, do you think that what Oscar and Internacional did is ethical? Do you think a player should have the right to leave a club with whom he is under contract at whim? Do you think this kind of nonsense maracutaia and palhaçada is acceptable?

Do you, by the way, have any refutations for my longer, earlier post?

 

Wait a minute. AcesHigh, longtime member of BigSoccer, has a sockpuppet account known as "Trantor?"

 

I'm back... Damn this new site design is plain HORRIBLE! Jesus!


My opinion on Oscar's case is that he truly wants to play for Inter, so he should be allowed to do so, as long as the contract clause is paid.... And since Inter's move wasn't legal, this payment should be treated as "delayed, as if Inter had bought Oscar but didn't pay for him, which would result in an interest rate over his original value. That value would then be negotiated between the two clubs.

Something similar happened to Santos, we raised Jean Carlos Chera since he were a kid, just to have his father force him out to a italian club because we refused to pay 200k a month for a player that wasn't even a professional yet. He flopped at Italy, it was clear from te very beginning that he wasn't a prodigy like Neymar to be able to performance at such a young age, but his father was blinded by greed and almost ruined his career. Now he is at Flamengo, and we are fighting in the court to recieve what we deserve... But we would never want him back at Santos. He would be received here with rotten eggs flying on his face.

 

+1. terrible. can't find myself here lol.

 

there are no sockpuppet accounts. You will notice both accounts are quite old, and this Trantor account was never used. In fact, I didnt EVEN REMEMBER I had it.

When Bigsoccer changed its format, I lost my account settings. Since I didnt remember it, I used my email + password, and it resulted in the Trantor account. The aceshigh account is the name aceshigh + password.

Since my current email is set for this Trantor account, I do suspect the AcesHigh account is using an old email I dont have access anymore for a long time. Also, the AcesHigh account uses a password I hardly ever set for forums.

My own guess for the existance of the Trantor account is that in 2006 I forgot the password of the AcesHigh account, and I couldnt receive the password back because I had no access to the old email of the AcesHigh account.

Then I set up the Trantor account so I could talk access the forum again. Really, I dont remember with detail things that happened 6 years ago, but I probably ended up remembering the password for the AcesHigh account, so I never again used the Trantor account and even completely forgot about it, until the forum changed format and the login fields asked for EMAIL + PASSWORD (instead of username + password). When I entered the email + password, it logged to the Trantor account that I didnt even know/remember I had.

The passwords for the AcesHigh account is different from all the passwords I usually set for forums, in fact, its quite common for me to get error here in BigSoccer because I will login with AcesHigh username + one of my usual forum passwords. Then I have to remember its another password.

When it asked for email + password, I wrote my current email + this usual password, and it logged to the Trantor account.

I hope I explained well what happened. I never create fake accounts and if I created this Trantor account 6 years ago it was probably for the reasons I cited above.

I just made a search for posts made with the Trantor account and all FOUR of them were made in a single day in march 2006, which I think proves my theory (yes, its a theory because I dont remember exactly what happened 6 years ago) of the forgotten password and old disabled email.

 

ps: yes, it seems my AcesHigh account is using a brturbo.com email. I used brturbo as ISP until 2005 and then I got a GVT ADSL connection, which does not requires an ISP, so I closed the brturbo account and started only using gmail. That explains I am not being able to recover a lost password.

 

AcesHigh no need to explain dude, I have nothing against you and I was just surprised, sockpuppets are the domain of trolls and you have never been a troll around these parts.

 

I got surprised myself when I loged in with the Trantor username. Explaining it to you gave me the opportunity to try to remember/investigate from where this account came from.

Obviously, as it has not been used since 2006, I suppose you mods can delete it.

 

São Paulo wins.

São Paulo and Internacional come to an agreement: Oscar is now officially sold to Internacional, for R$15 million. Internacional will pay 30% of the contract rescision fee.

A victory for Brazilian sports justice. Let’s just hope now other players will think twice before jumping ship while they have a valid contract. As I said several weeks ago: aqui se faz, aqui se paga.

 

For me that was really the most fair outcome, both sides are satisfied. Oscar's being hyped to the skies after his good performance against by the international media, it's not like Internacional will have to do much to recieve a healthy profit should they choose to sell him someday.