Does Flamengo pay monthly to families that have not yet reached an agreement? How much?
Flamengo gave a living allowance to the deceased boys, while athletes in formation, of R $ 800 on average, in addition to food, health and comprehensive education. After the accident, spontaneously, he started to give R $ 5,000 to each family, which corresponds to just over six times what they received per month, so that they would have peace of mind to negotiate a deal without the need for emergency cash. Today, due to a court decision, Flamengo pays R $ 10,000 for each family and no more than R $ 5,000.
Why did the club appeal when the court ordered R $ 10,000 a month?
On that occasion, we talked a lot with President Landim. The decision, in our view, contains numerous technical errors. As the President said to me: it is not a question of value, it is a matter of principle. Starting with the intervention of the Public Ministry, which does not represent families, instead, all families have a lawyer and their rights are individual, so the role of the MP is undue. In addition, no monthly pension was requested for families, but an attachment of R $ 57 million. The decision gave something that was not asked for and that is technically wrong. The judge cannot give something that was not asked for.
There are countless technical issues that could not be explained here. However, with regard to the values, the fact is that the amounts made available in the agreements made by Flamengo, if applied, would generate higher income than this. It is not a matter of meanness, but the idea is that exaggerated and unrealistic requests are not accepted. The agreements already made are high and Flamengo is ready to make them with whoever wants them most. Now, to say that Flamengo is not paying damages is a big lie, a nuisance of our opponents. Flamengo offers high values, well above the compensation given by the courts, but does not agree to pay exaggerated amounts.
If Flamengo disagrees with what was exposed at the time, why not pay the R $ 10,000 and question specifically what it does not agree with?
Flamengo’s judicial performance will not be guided by what others think must be the correct one. Flamengo made a very high settlement proposal for families, well above what Brazilian courts grant in their judgments. Three and a half families accepted. Flamengo reached these values in agreement after much conversation and negotiation. We cannot pay more by arrangement to other families. The tragic situation is the same and we cannot pay differently. Whoever thinks he can win more in court should follow his option.
Is the difference between what Flamengo offers and the six and a half families big? How many more times?
We have a confidentiality clause in the agreements and I cannot reveal these details, but I repeat that the amount is very high and well above what our courts grant. It is important to consider that young people earned very little and statistically had a very small chance of receiving a good salary as players, because everyone knows that the basic divisions are a big sieve. However, we are ignoring these technical and statistical issues and making a proposal that does not consider this, a proposal that takes into account the affection for our young athletes. The vast majority would not pursue a career, but they were being prepared for life.
How does the board feel about not having reached agreements with more than half of the families amid so much club revenue and investments in football?
This question is very relative and looks at the question from the side of the “empty glass”. We look the other way. We do not know in the history of accidents with death, any case where the company is promptly responsible, but without evident guilt. In our view, it was a fire caused by a short circuit. We do not know of a case where this company compensates all survivors and 35% of fatal victims in less than seven months, which pays six times the monthly compensation of victims without a court order, etc. We see the question about the other point of view. I cannot speak on behalf of the entire board in relation to this, but personally I think that the human issue should not be judged based on the amount of reais. Today, strictly speaking, in the judgment of part of the media what separates the human from the inhuman leader are just numbers. I think what should be seen is that in less than seven months we pay four families, that we always pay a monthly amount six times more than each young person received, that we provide funeral, psychological and other assistance. I’m sorry for the pain of these families. It is a great sadness.
Does Flamengo accompany the investigation that could possibly point the person (s) responsible for the fire?
Yes, we did. The mother of the boy Rykelmo, in an interview with the channel BandSports, said that he receives nothing from Flamengo. And it was the boy’s father who made the half agreement. who did not take care of him, according to the mother (they are separated, she claims she had custody, even) Could you explain this situation? This boy’s mother received R $ 5,000 for three months, but she went to court asking for an absurd R $ 7 million for herself. In other words, in fact, if he were together with her husband, it would be R $ 14 million. Rikelmo’s father, however, has already made an agreement with Flamengo. The president will not give in to this kind of exaggerated postulation. Well, she chose to litigate with Flamengo. Currently, however, since the beginning of December, he has received R $ 5,000 per month again, due to the court decision that ordered him to pay R $ 10,000. As we already agreed with the father, she receives half. Rikelmo’s father is his father and had a fatherly power over his son. She cannot take away this right (to feel the loss of her child), which is his own. It is not for Flamengo to comment on the details of this issue, but as far as we know he was a father present and who even paid alimony.
What did Flamengo do and do for families?
Flamengo immediately after the accident provided all necessary assistance to the parents of the athletes who arrived at the site, both in relation to communication and psychological support. The families were hosted at the Ramada hotel until the entire process of identifying the bodies was completed. A multidisciplinary team was present at all times, doctors, psychologists, HR, both at the hotel and at the IML. All travel expenses; accommodation; food; medical and hospital care; in addition to the funeral, they were paid for by Flamengo.
Club officials escorted survivors to their homes, as well as all funerals. Trousseau kits from Adidas and Flamengo were delivered with clothes and shoes for the survivors, as well as a cell phone device donated by TIM and another R $ 2 thousand, so that they could buy personal items. Flamengo still pays for psychiatric and psychological assistance for the relatives of the deceased athletes, chosen by themselves in all locations in the country. The surviving athletes who returned to activities at the club are undergoing psychological counseling by specialized professionals (Clínica Laços) at the CT, as well as the employees.
Flamengo made a deal with all the survivors, including the three athletes who were injured. In relation to these three athletes who were hospitalized, the medical department of the club, through its specialized doctors, made daily visits until the respective discharge, as well as carried out the proper medical monitoring throughout the year. Specifically in relation to Jonathas Ventura, it is worth noting that he was initially admitted to Hospital Pedro II, then went to Hospital Vitória and did all the necessary surgical procedures, funded by Flamengo
As soon as Flamengo was discharged, he paid for all his psychological follow-up (until he asked to suspend) and, even, all his physical therapy, in addition to monitoring with a specialized dermatologist. At CT he is accompanied by club doctors and other specialists outside the club. The mother came to Rio and the club pays the rent. Currently the aforementioned athlete is training at the gym and will probably start training in the field next month, as predicted by the base’s Medical Department. We consider Jonathas a lot. It is important to inform that the family members of the deceased athletes were paid the amounts related to the life insurance of each one. In short, that’s it, but not only. We are always open to understanding their needs.
How much has Flamengo spent on assistance to families?
This matter is confidential and internal to Flamengo, but we can inform you that the expenses were considerable.
In your opinion, as a lawyer, can the lack of a settlement make this case drag on to justice?
Of course, the fastest way to resolve conflicts is by consensus. The Judiciary has a large collection of cases to judge. For this reason and, still, linked to the fact that this case is quite specific, since it must pass through the instructing and expert phase, I understand that the process may take time.
Lawyers often use the expression “jurisprudence”, although there is no news that something similar has happened before (teenagers killed in a fire inside the Training Center of a football club). Why “jurisprudence”? Wouldn’t it be a case of, say, unique?
The case is not unique, sometimes we are faced with events that cause deaths of people. The jurisprudence is used to have a guideline of what would be the orientation of the courts regarding a given case. The jurisprudence reveals that cases of culpable accident (which we believe is not the case of this fire) have received much lower compensation. Our board of directors started from concrete premises and based on jurisprudential and legal terms to delimit the financial parameters of the agreements we established and are still trying to finalize.
Why didn’t Flamengo enter into an agreement with family members right after the fire, with the intervention of the MP?
Flamengo understands that the MP is not legitimate to plead the right of others in their own name. Shortly after the fire, some members of the MP, instead of attempting a friendly composition, treated us with a belligerent spirit and tried to impose a forceful deal, wanting to treat Flamengo aggressively, perhaps because it was a case of repercussions. Flamengo does not accept to be treated in an imposing way in a situation like this, because it considers that everything was just an accident and that its responsibility derives not from guilt, but from the fact that it is with those young people under its responsibility. Because of this, we started to negotiate with families in mediation and then individually.
What is the expectation of the club, to resolve this quickly or do you believe it will drag on to justice?
Flamengo hopes to close the largest number of possible agreements within the parameters of the agreements already closed, but this decision does not pass only by our will, it depends on the interest of the families. On our part, the interest will always be to resolve quickly and fairly. I don’t know how to answer for everyone. I, for one, have already spoken to him. But I had to ask permission from Thiago, his lawyer, because a lawyer cannot maintain a relationship with the other party without this care. Sometimes we exchange one message or another.
But I clearly feel that there is a difficulty in getting closer, given that we have not reached an agreement and that he is in mourning. I know that recently he was in Rio with a brother of Bernardo and our CEO, Reinaldo Belotti, told me that he knew that he really liked coming. It is important to say that everyone’s life is very busy, sometimes we are unable to pay attention to our relatives, but Flamengo is always available, sometimes by its leaders, sometimes by members of its staff that accompanies and is available to families. that they need.
There are relatives of the boys who lament the club’s “lack of affection” of one attention, one word, contacts of the directors.
Mauro, the only person who complained about this issue for what came to me was Darlei Pisetta, Bernardo’s father. I kept in touch with him and recently learned from our CEO, Reinaldo Belotti, that he came to Rio with Bernardo’s brother, was at Maracanã and got to know our structure better. When I spoke to him, I had to ask authorization from Thiago, his lawyer, because a lawyer cannot maintain a relationship with the other party without this care. In this contact, I clearly felt that there is a difficulty in getting closer, given that we have not yet reached an agreement and that he is in mourning.
The other day I had to speak to Cristiana, Samuel’s mother, she was not comfortable with my contact, she had lost her son and, shortly after, her mother. I wonder what encouragement could Flamengo’s legal VP bring to those who suffer like this? I didn’t bother anymore. It is important to say that everyone’s life is very busy, sometimes we are unable to pay attention to our relatives, but Flamengo is always available, sometimes by its leaders, sometimes by members of its staff that accompanies them. We are at the disposal of families who need and wish to contact us. Roberta Tanmure, our HR, has everyone’s contact and they have hers, if you want to talk to me, just tell her to call me and I’ll get in touch. I believe that the president would answer any calls too, but I cannot answer for him.
Next interviewee in the series: Justice promoter Luiz Antonio Correa Ayres, from GAEDEST (Group of Specialized Sports and Defense of the Fan) of the Public Ministry (MP) of Rio de Janeiro.