Court backs Corinthians, agent’s claim dismissed, details here | OneFootball

This Tuesday, 26, Corinthians achieved an important victory in a lawsuit against businessman Giuliano Bertolucci at the 1st Civil Court of the Tatuapé Regional Forum, after the court accepted the execution objections from the black-and-white legal team and annulled one of the lawsuits against the club, in which more than R$ 24 million were claimed. The amount was part of the R$ 78 million designated to Bertolucci in the Centralized Execution Regime (RCE), proposed in November 2024 and currently being evaluated by creditors.

The Central do Timão had access to the decision issued by Judge Fábio Rogério Bojo Pellegrino. The six-page document recalls that the businessman granted a loan to Corinthians in 2017, which culminated, after Corinthians' default, in a renegotiation celebrated in 2022, parceling the outstanding debt of R$ 16.2 million in 24 installments, with the first installment due in January, foreseeing a 2% penalty, 1% interest per month and IPCA adjustment in case of delay of three or more installments.

Photo: Disclosure / Corinthians

After new defaults, however, Bertolucci filed a lawsuit against Alvinegro in January of this year, claiming a total of R$ 24.6 million. In May, however, the execution was suspended, after the court accepted Corinthians' arguments that the mere establishment of the RCE payment plan was already a reason to interrupt executions like the one proposed by the businessman.

Even before this suspension, however, the club was already questioning the amount charged. This is because the objections judged this Tuesday had been presented by the black-and-white legal team in February, that is, six months ago. In its defense, Corinthians argued that the calculations presented by Bertolucci were inaccurate, not detailing the evolution of the debt and the charges claimed. In addition, it claimed that there was an undue charge of compound interest and that the real amount owed would be R$ 22.5 million.

In Tuesday's decision, the judge accepted the club's arguments, stating that the calculations presented by Bertolucci were "unusable" because they did not comply with the requirements of the relevant legislation. In addition, he found that these calculations updated the entire value of the agreement between the club and the agent, retroactive to December 2021, therefore even before the first installment due in January 2022, to only then, in a "confusing manner", deduct the paid installments.

The sentence also highlighted that the executive title did not provide for compound interest. The magistrate rejected Bertolucci's claim that such provision had been made verbally afterwards, listing three reasons: that the verbal amendment of a written executive title is invalid; that the third clause of the written agreement provided for moratory interest; and that the creditor, not being a financial institution, is prohibited from capitalizing interest by the Usury Law (Decree 22.626/1933).

Based on these allegations, the judge determined the nullity of the execution and extinguished the lawsuit filed by Bertolucci, which for now ceases to appear in the amount owed to the businessman by Corinthians in the RCE, leaving in the plan about R$ 53.5 million related to other four actions related to intermediation or commission for negotiation of players such as Ramiro, Jô, Douglas Augusto, Léo Santos, Paulinho and Matheuzinho.

Bertolucci was also ordered to pay the court costs and expenses of the lawsuit, updated since the disbursement, as well as attorney's fees equivalent to 10% of the updated value of the case. It is worth remembering, finally, that the decision can be appealed by the businessman.

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This article was translated into English by Artificial Intelligence. You can read the original version in 🇧🇷 here.