Neymar makes the gesture of victory at the exit of the trial in Barcelona. / AFP
The Barcelona Court concludes that neither the Brazilian player nor the former presidents of the Barça club maneuvered to increase the price of the transfer
The Provincial Court of Barcelona has acquitted all those accused of the so-called ‘Neymar case’. The ruling acquits the nine accused of the crimes of corruption between individuals and fraud. In the trial, held in Barcelona last October, Sandro Rosell, Neymar, his father, Odilio Rodrigues, Josep Maria Bartomeu, N & N Consultoría, Santos and Barça were tried.
The case began due to a complaint filed by the firm DIS-Esportes, which had 40% of the footballer’s federative rights and which considered that between the player, FC Barcelona and Santos defrauded him to pay him less for the player’s transfer. Brazilian from Santos to FC Barcelona. The Prosecutor’s Office initially requested two years in prison for Neymar and up to five for former vice president Rosell. But already during the trial, the Public Ministry changed his position. In the turn of the reading of the conclusions, the Prosecutor’s Office withdrew the accusations against all the defendants and paved the way for the acquittal that has finally occurred.
The prosecutor pointed out in his final argument that some of the defendants did trample “and with joy” the civil code, as well as the FIFA regulations, but in his opinion they did not violate the Penal Code, which is what was judged in this trial. . He said that the DIS company had reasons to feel harmed, but it should have gone for the civil and not the criminal proceedings.
The ruling of the Provincial Court indicates that the evidence carried out “does not result in indications that the player was offered a bribe” to sign for Futbol club Barcelona, as stated by the DIS company. According to the court, the contractual simulation has not been proven and neither has the purpose of harming DIS.
According to the sentence, in 2011, Futbol Club Barcelona, through its president, Sandro Rosell, negotiated with Santos the signing of Neymar. After a failed negotiation, the player renewed until 2014 with the Brazilians. In the new contract, a termination clause of 65 million euros was agreed. But the president of Santos, Luis Álvaro de Oliveira, provided the player with a private letter authorizing him to negotiate directly with other clubs. This is what Neymar da Silva Santos, the player’s father, did.
He agreed with Barça an agreement by which this entity ensured the signing of the player in 2014, when he was released, in exchange for forty million euros. The Camp Nou club guaranteed the player a minimum salary in five years of 36 million. Finally, in 2013, Futbol Club Barcelona and Santos reached an agreement for the transfer of the player for the amount of 17 million and not the 65 that the termination clause stipulated.
Barcelona entered into up to seven contracts with the player, with his father and with various companies represented by him, in which a salary higher than that stipulated in the 2011 negotiation was established. In the employment contract, signed on June 3, 2013 , a payment to the player of a transfer bonus for an amount of eight million was established, which was not agreed in 2011. The club guaranteed the player to collect 45 million over the five years, instead of the 36 million initially planned. For the transfer, DIS received the amount of six million, 40% of the 17 million.