After years of legal battles, Flamengo had the Superior Labor Court ratify the thesis that article 28 of Law 9.615/98, the Pelé Law, applies to the player, and the bilateral penalty, which is also applicable to clubs, is not.

Flamengo's lawyer, José Alberto Couto Maciel, orally supported the thesis, demonstrating that all interpretations allow us to understand that the aforementioned penalty is imposed on the player, in substitution for the transfer law, as compensation for the appreciation given to him by the club, and that it is always paid by the entity that buys his transfer and not by the player himself, with a specific rule in favor of the employee, guaranteeing his labor rights in the event of termination due to the club's fault.

The vote of the rapporteur, Minister Rosa Maria Weber, was followed by Ministers Bresciani and Douglas, who were in favor of the thesis, including a ruling from the Individual Disputes Section, in which Fluminense was successful on the matter, the only time that Flamengo and Fluminense supported a favorable decision together.

The discussion has been defended for several years, by all football clubs, and many judges and Regional Courts continue to understand that such a penalty would be bilateral, bringing prospects of enormous losses for the clubs, due to the high value of this fine, which can reach up to one hundred times the monthly amount that the player receives.

Now the Superior Labor Court is relieving Brazilian football, putting the Law in place, according to its explanatory statement, and within the purpose intended by all.