Codit from Atlético: Who pays the fine? Expert Explained – 06/13/2023

Eduardo Codete captained Atlético MG for the last time last Saturday, in a 1-1 draw against Red Bull Bragantino, at the Mineirao. After the match, in the locker room, the Argentine coach announced the squad available to him for this season and resigned.

Now, there is doubt about what Coudet’s termination fine will look like. According to various sports press vehicles, Atlético-MG intends to sue Justice to collect the fine from the coach, which is estimated to be around R$16.7 million. The amount will be commensurate with the salaries he and his coaching staff must receive until the remainder of the contract, which will run until December 2024.

Experts heard before Domain law Categorical in stipulating that the fine must be paid by the person who breaches the contract.

“Whoever wanted to terminate the legal relationship (has to pay the fine). In this specific case, the key to the problem lies precisely in who has broken the relationship: Atlético-MG or Coudet. The club stated in the statement that the coach “informed all those present of his decision to leave.” That is, according to the institution, the technician resigned. In this case, the coach must pay the termination penalty to the club, ”says Fernanda Soares, a lawyer specializing in sports law.

“As in the general theory of law and contracts, the fine is due to whoever breaks the contract, and this matter will be the subject of theoretical proof by the witnesses present in the locker room.”And Promotes Carlos Henrique Ramos, a lawyer specializing in sports law.

The two lawyers also confirmed that the request for resignation is valid despite being verbal.

“The fact that the alleged dismissal was verbal does not invalidate it. There are several rulings in the labor courts indicating the validity of the formal dismissal request. Fernanda Soares says it is up to Atlético-MG to prove that, in fact, there was a resignation.

“If there is even a request for resignation in the locker room, even if it is verbal, it is considered valid, According to the jurisprudence of the courts, provided this is proved, the coach shall bear the amount of any fine. On the other hand, the technician’s defense can invest in the hypothesis that ultimately the witnesses are mostly employees and subordinates of the club, in addition to the fact that his speech is in the locker room, in a “farewell mood” and “hot”. head’, as an unequivocally formal resignation request. Everything will depend on the body of evidence,” reflects Carlos Henrique Ramos.

Coudet’s departure was confirmed by Atlético-MG, this Sunday. “After the match against Bragantino, coach Eduardo Codete informed his decision to leave the club to everyone present. In view of the fact that Codete is no longer our coach,” he informed the club.

The contractual fine had already been discussed between the two parties in April, when Coudet stirred controversy during a press conference attacking the board of directors, shortly after Libertad’s group stage defeat of Libertadores. At the time, the coach claimed he had asked for the double fine to be withdrawn. Gallo suggested the draft be withdrawn, in response to the commander’s outburst. However, it was not signed, and the Argentinean remained in his post.

A press conference by Atlético-MG was scheduled for Monday (12), but it ended up being cancelled. Without further details, the only explanation passed to the press was that “new facts were happening and the Sabbath would happen later this week.” According to various sources, the trend is for the two parties to reach an agreement and cancel the fine.

Codit leaves Atlético MG with a success rate of 67.6% after 21 wins, 8 draws and 6 defeats in 35 matches.

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