Neymar gets injunction and cannot be prosecuted or arrested for evasion

Neymar cannot be prosecuted or arrested for tax evasion in Brazil. Today, the Federal Regional Court of the 3rd Region (TRT-3) granted a habeas corpus to suspend the investigative criminal procedure against the PSG striker and the Brazilian team for an alleged case of tax evasion in Brazil. The lawsuit has nothing to do with the trial reported by the Spanish newspaper ‘El País’, which will take place on the eve of the World Cup in Qatar.

The injunction does not put an end to the process, which has been running since 2014, referring to the fine imposed by the Federal Revenue, in the amount of R$ 188 million, for tax evasion. In 2015, the player even had assets blocked by Justice after a request from the National Treasury Attorney’s Office.

The player’s defense, Davi Tangerino Advogados, maintained that there was no certainty as to the existence of a criminal act (just cause), nor the possibility of the MPF seeking a conviction (interest to act).

The striker of the selection and Barcelona is accused of evading taxes during the years 2011 and 2013, according to the Federal Revenue, mainly in payments made by the Spanish club related to his transfer from Santos.

In 2015, the Revenue claimed that the player had evaded BRL 63.6 million. Among other facts, it was pointed out the omission of income from sources abroad with advertising and “the omission of income from employment paid by Barcelona”. This money was actually received by the companies N&N Consultoria Esportiva e Empresarial and Neymar Sports. But the National Treasury claimed that he was unduly taxed, since the income belongs to him as an individual.

Five years later, in May 2020, Neymar managed to overturn the charge in court. The player filed an action to cancel the debt and managed to suspend it until this process was judged – the Attorney General’s Office of the National Treasury had appealed the decision to demand the amount again. The parties did not respond to the current status of the lawsuit.

Last year, as reported by columnist Diego Garcia, from UOLthe attacker deposited R$ 88.8 million in a judicial account as a form of guarantee for the execution.

Today, PSG’s number 10 advisor reported that the Regional Federal Court of the 3rd Region (TRT-3) granted a habeas corpus in favor of Neymar.

Battles off the lawns

The episode comes a day after the newspaper ‘El País’ reported that Neymar will be tried for alleged corruption in his contract with the Catalan club. The publication reports that the action at the Barcelona Court will begin on October 17, about a month before the Qatar World Cup.

The prosecution asked for two years in prison for the Brazilian, according to the Spanish newspaper. Barça is listed as a legal entity in the process and the Public Ministry charges the payment of R$ 45 million. In addition to Neymar, five other people will be tried: his parents (Neymar senior and Nadine Gonçalves), two former presidents of the Spanish team (Sandro Rosell and Josep Maria Bartomeu) and a former director of Santos.

The trial will be held in seven sessions until October 31. The Cup starts on November 21, with the final scheduled for December 18. Head of Group G, the Brazilian team debuts in the tournament on the 24th, against Serbia.

This case, however, is not related to the process in Brazil, where the player was able to obtain the preliminary injunction.

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