“Business by David Carmo? Let’s not think about corruption, but it raises doubts”

THE transfer of David Carmo between Sp. Braga and FC Porto divide opinions in Portuguese football. While Porto fans celebrate the arrival of a player with talent and greater potential, there are those who put several question marks at important points in the player’s contract.

It was announced by the two clubs the inclusion of a clause in the contract that provides for the payment, by FC Porto to Sp. Braga, worth €500,000 for each champion title won by the blues and whites while David Carmo is on the squad. However, this clause has caused great surprise and debate, with several voices pointing to a possible future case of favoring third parties and even sporting corruption.

O Sports by the Minute contacted Gonçalo Almeida, a lawyer specializing in sports law, who rejected this thesis and admitted that this case could be the starting point for a review of the regulations.

“In no way can we think of sporting corruption. It is true that, within the scope of article 28 of the League Regulations, which speaks of tampering with sporting truth, this issue would be perfectly feasible, but only in theory. It would be a good time for a review of the regulations, a reanalysis to prevent this type of situation from being possible”, he began by saying.

The lawyer stated that the inclusion of clauses providing for the payment of premiums for performance collective or individual is common practice, but that the case is different, or should be, between clubs in the same competition.

“These clauses are more seen in a more international context, that is, when the sports companies in question do not compete in the same leagues. The problem that arises here is precisely that, is that the sports companies in question compete in the same competitions and this raises , of course, the issue of conflict of interest. What can this issue create? It will create suspicion, but personally I have no doubt that the SADs did not act in bad faith. There will be no collusion between the parties with the purpose of benefiting or harming anyone. Now, in theory, and for the sake of sporting truth, it is necessary to beware of these situations”, he added.

Gonçalo Almeida put a scenario on the table to explain the doubts surrounding this deal between FC Porto and Sp. Braga.

“Imagine that, in the last rounds of the I Liga, Sp. Braga has already reached or is far from the sporting goals and plays against a direct opponent of FC Porto in the fight for the championship. There would, surely, be doubts about the integrity of the competition Doubts will be raised as to the good faith of the parties and in this, as they say, it is not enough to be, it is necessary to appear. In this case, for Liga Portugal, for the sake of the integrity of the competition, it is important to safeguard this issue and this type of clauses is not admissible. Given this scenario, which, in theory, is perfectly possible to happen, some supporters who may be more emotional than rational may question this agreement and it is important to take care of this situation”, he said.

Despite being recognized as ethically wrong and arousing an adulteration of sporting truth, this clause does not violate the League Regulations, as explained by Gonçalo Almeida.

“From a strictly legal point of view, if you ask if there is any specific rule that prohibits this type of clauses, the answer is peremptory: no, there is not. , which tries to prevent situations like this. This is a situation that can effectively contribute to this adulteration, but we would have to assume that the parties were in bad faith, which I understand is not the case”, he reiterated.

The Sp. Braga publicly reacted to the controversy on Mondayrejecting any accusation and offering to enter the debate surrounding the sale of David Carmo to FC Porto in exchange for 20 million euros, plus 2.5 million dependent on goals.

Also Read: The Carmo business: Sanjoanense clarifies the amount he receives

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