Olheiro cobra do SPFC suposta participação na venda de Ewandro em 2016

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Francisco de Assis Alves, que se apresenta como olheiro, entrou com ação na Justiça para tentar receber 5% do que o São Paulo ganhou pela venda do atacante Ewandro, hoje emprestado ao Fluminense, para a Udinese, em 2016. Procurado, o clube do Morumbi disse que ainda não foi notificado e que por isso não pode comentar o assunto. No pedido inicial, escrito no último dia 12, Alves diz ter levado o jogador para o São Paulo em 2009. Relata que recebeu cerca de R$ 3 mil por isso. Ele calcula ter direito a R$ 565 mil pela transferência.

Sustenta ainda que em 2011 a diretoria de futebol amador encaminhou ao então presidente tricolor, Juvenal Juvêncio, uma comunicação interna (CI). Nela pedia autorização para elaboração de contrato de formação com Ewandro e cessão de 5% de seus direitos econômicos para Alves. Pela versão do olheiro, no ano seguinte, nova CI foi emitida pedindo autorização para a confecção de um contrato de atleta profissional com Ewandro. E que no mesmo documento havia uma observação pedindo autorização para a elaboração de contrato de cessão de 5% dos direitos econômicos para Alves.

O olheiro argumenta na ação que após a venda de Ewandro, na ocasião emprestado ao Athletico, tentou receber o que acredita fazer jus. Porém, afirma ter ouvido do clube  do Morumbi que não há contrato de cessão de direitos e que por isso ele nada tem a embolsar. Alves pede na Justiça que todos os contratos e comunicações internas referentes a Ewandro sejam apresentadas pelo São Paulo. O olheiro sustenta que o repasse de 5% aos observadores era praxe no clube e que ele mesmo fez outros acordos iguais.

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Alves também declara que os documentos apresentados por ele à Justiça comprovam seu merecimento à participação na receita gerada pela venda de Ewandro. Mas, segundo seus advogados, por “inação (inércia) do clube, dolosa ou não”, esse “direito não constou quando da lavratura do contrato profissional” de Ewandro. Nesta segunda (24), foi determinada a redistribuição do processo da 3ª Vara Cível do Butantã para o Foro Central.  Isso porque a ação extrapola o valor de 500 salários mínimos para casos analisados pelas varas regionais.

Apesar de dizer não poder se manifestar sobre o caso já que o São Paulo ainda não foi notificado, Leonardo Serafim dos Anjos, diretor jurídico executivo  do clube, respondeu se era praxe a agremiação ceder porcentagens para olheiros. “Até maio de 2015 a FIFA permitia a cessão de direitos econômicos para terceiros. Era comum os clubes brasileiros remuneram os olheiros dessa forma. Depois, foi proibido. Quem já tinha contrato de cessão tem seus direitos preservados”, explicou o dirigente são-paulino.

Ele não entrou no mérito se há um contrato de participação nos direitos econômicos de Ewandro com Alves. Por sua vez, o olheiro calcula a venda do atacante em US$ 3 milhões (cerca de R$ 11,49 milhões em valores atuais).

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