The player and Fox have a R $ 10 million legal dispute
The Belo Horizonte labor court has ordered Cruzeiro to reinstate midfielder Henrique in the Minas Gerais club squad, including the right to pay salaries and provide a health plan under the terms of the contract the player had with Raposa, which lasts for five days to reactivate the link. La Volante had already made the same request last year, but it was denied by Justice.
The decision comes from the 6th Labor Court of the capital of Minas Gerais and if Cruzeiro does not comply with the determination, he will have to pay a daily fine of R$ 10,000. The legal dispute between the player and Cruzeiro has a value of R$ 10.4 million. Cruzeiro has not yet taken an official position on the case.
The judge who issued the order against Raposa established that “the values described in the last contract signed must be observed, in relation to the basic salary, image rights and the salary increase relating to periods of concentration, , pre-season and participation in matches, tests or equivalent”.
The judge points out that SAF do Cruzeiro was responsible for the case, noting that the termination of the contract with Henrique took place on December 31, 2021, nine days after the announcement of Ronaldo Fenômeno’s participation in Raposa football.
– It is unequivocal that there is legal support for the acknowledgment of the liability of the 2nd defendant to answer for any existing work debts in favor of the plaintiff, also because, the condition of work successor is a burden, as recognized – points out the sentence .
Henrique has been sidelined since October and injured his right knee on 23 August 2020 during the Campeonato Brasileiro Série B, which, according to the decision, “culminated in the occupational disease found in these records”.
– Therefore, considering that the incapacity continued into 2022, I conclude that the annual stability period envisaged by the social security legislation is still in force, which I set, in the light of the expert’s conclusion, as starting from 01/01 01/ 2023, when, as seen, it became possible to return to the activity of a professional footballer – says Justice.
According to Justice, the medical conclusion points out that Henrique “suffered an accident at work with injury to his right knee (lateral meniscus tear and grade II tear of the medial collateral ligament), while he was playing sports.”
Also according to the text of the court, the record “describes the long period of rehabilitation attempts by the plaintiff (Henrique) to return to activity as a professional football athlete, which included surgery, with the last evaluation dated 15 /06/2022, when it was discovered that the disease had not yet been overcome.
A medical examination was carried out during labor. In the report, according to the decision of the Labor Court, “it was concluded that a traumatic event occurred, on 08/23/2020, when the appellant (Henrique) professionally played in a football match for the 1st defendant ( Cruzeiro), which corresponded to a typical work injury, which caused him to be totally and temporarily unable to play until the 2022 season.
Henrique is asking Cruzeiro to pay severance pay at the end of his contract and the expenses related to the treatment of the injury and compensation for material damage.
The midfielder played three spells at Cruzeiro and played more than 500 games for the club. In 2020 he was loaned to Fluminense, returning to Série B in 2020, but he was unable to play and has not played football since then due to knee injuries.