Renan’s dismissal for just cause brings legal risk

Indicted for manslaughter due to the accident with a missing victim in Bragança Paulista, defender Renan is without a club. Both Palmeiras, who had a relationship with the player until 2025, and Bragantino, the team to which the defender was on loan, terminated the contract with the 20-year-old for just cause. The information was confirmed by Law in the Field.

Despite the seriousness of the episode, the termination for just cause of clubs with the defender is seen as controversial in the field of labor law. experts heard by Law in the Field commented on the case.

“Brazil has adopted the system of typification of just causes similar to Criminal Law, which provides as a crime only the facts previously provided for by law. The reasons for just cause are exhaustively provided in art. , and in my opinion, without knowing more details about the athlete’s dismissal, I can’t find in any paragraph of that article, where the dismissal decisions for just cause can be based. , labor lawyer, columnist for Lei em Campo and author of two books on just cause.

“The act practiced by the athlete is extremely serious. However, due to the circumstances and the need to determine all the evidence, perhaps the most prudent thing would be to apply the provisions of article 27, paragraph 7 of the Pelé Law, which deals with the suspension of the sports employment contract when it is impossible for the athlete to act, for an uninterrupted period of more than 90 days, as a result of an act or event under his/her exclusive responsibility, when disconnected from his/her professional activity. In this case, the club is exempt from paying the remuneration The period provided by law can also be interpreted as the athlete’s need to appear at the police station for statements and other restrictions that make his presence at the club unfeasible. to terminate the contract for just cause”, said lawyer Maurício Corrêa da Veiga, a lawyer specializing in sports law and columnist for Lei em Camp O.

Lawyer Theotonio Chermont, a specialist in labor law and columnist for Lei em Campo, classifies the situation as “casuistic and controversial”.

“As said in popular jargon, ‘a split ball’. There are grounds for termination for just cause of the loan contract with Bragantino, as the athlete’s attitudes in his private life, in a way, have repercussions on the club’s image, considering the particularities of the profession. There was undisputed bad behavior by the athlete (article 482 of the CLT), justifying the application of capital punishment, although some argue that such a requirement concerns only acts committed within the employment relationship, and not in private life We must ask if the just cause (capital punishment) was proportional, considering that the club could apply other penalties, such as salary deduction, contractual suspension and warning, for example. of the club, which reinforces the penalty applied. There are great chances of being maintained. It is imperative to emphasize that the CLT allows just cause in cases of habitual drunkenness or in service, and criminal conviction employee, but it doesn’t seem to me that they apply to the case in question”, he evaluates.

Despite understanding that the just cause can be applied in Renan’s loan contract with Bragantino, Chermont does not consider that the same applies in relation to Palmeiras.

“With regard to Palmeiras, I understand that things change. With the termination of the loan contract, the original contract (Palmeiras) returned to normal force (art. 39, § 2 of Law 9.615/98 – Pelé Law). What would be the serious damage that the club had with the attitudes of the athlete who at the time of the facts was linked to another association? I don’t see a strong enough foundation to apply the just cause. . He took advantage of an unfavorable situation for the athlete to terminate his contract on the same grounds used by Bragantino. I do not see strong grounds for the application of just cause in relation to Palmeiras. Even so, everything will depend on the understanding of each magistrate, because certainly this issue will be taken to court. It is certain that Palmeiras could adopt a more humane stance and support their athlete, applying a milder penalty”, analyzes the lawyer.

According to art. 482 of the CLT, constitute just cause for termination of the employment contract by the employer: a) act of improbity; b) incontinence of conduct or bad procedure; c) habitual negotiation on their own behalf or on behalf of others without the employer’s permission, and when it constitutes an act of competition with the company for which the employee works, or is detrimental to the service; d) criminal conviction of the employee, passed in res judicata, if there has been no suspension of the execution of the sentence; e) negligence in the performance of the respective functions; f) habitual or on-the-job drunkenness; g) violation of company secrecy; h) act of indiscipline or insubordination; i) abandonment of employment; j) act harmful to honor or good reputation practiced in the service against any person, or physical offenses, under the same conditions, except in case of self-defense, own or others; k) act harmful to honor or good reputation or physical offenses committed against the employer and hierarchical superiors, except in case of self-defense, own or others; l) constant practice of games of chance in) loss of license or of the requirements established by law for the exercise of the profession, as a result of the employee’s willful conduct.

Alviverde considered that Renan’s behavior was unacceptable and ended up destroying a family. At the time of the accident, the player was driving without having a legal license, as he had a CNH (National Driver’s License), and his temporary driving permit was suspended.

The accident happened around 6:30 am (GMT) on July 22 at Km 47 of the Alkindar Monteiro Junqueira Highway, in Bragança Paulista. According to the police, Renan invaded the opposite lane and hit a motorcycle head-on. The victim, 38-year-old Eliezer Pena, succumbed to his injuries and died at the scene. He left a wife and two daughters.

Police officers who attended the incident said the player showed signs of intoxication and ethyl odor, but refused to take a breathalyzer test. At the police station, he also refused to undergo a blood test. Because of this, drunkenness behind the wheel was not proven, only the ingestion and alcoholic beverage.

The player was indicted for manslaughter, that is, when there is no intention to kill. To respond in freedom, he paid a bond of R$ 242 thousand and handed over his passport to the police. In addition, the Justice prohibited Renan from going to bars and nightclubs.

A week after the accident, the player moved from Bragança Paulista for alleging that his family was receiving threats.

Renan was considered one of the great revelations of the base categories of Palmeiras. He was at Alviverde since the under-13 and was promoted to professional in 2020 due to the ability to be able to play as a defender and also a left-back.

In the 2021 season, Renan played 41 matches for Palmeiras, 37 of which as a starter. This year, however, the player lost space with coach Abel Ferreira and ended up on loan to Bragantino.

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