Understand the legislation that allows Santos to climb a 15-year-old child – 10/25/2020



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Santos made history again with the base players. On Sunday (25), in the game against Fluminense, in Maracanã, the boy Ângelo Gabriel, only 15 years old, entered in the 14th minute of the second half, becoming the second youngest player to make his professional debut.

On Friday (23), Ângelo Gabriel signed a pre-contract with Santos, which will be effective when the player turns 16 in December, the minimum age necessary to have a professional relationship. The pre-agreement seeks to protect both parties from possible harassment in the market, mainly from foreign teams.

Sooner or later the players rise from the base of their respective clubs to the professional team. Given this scenario, it is necessary to answer some questions. What type of contract guarantees the player to act so soon for the club? What does the Pele Law say? And FIFA?

“Today, Ângelo has a sports training contract with Santos, the only contractual format allowed from the age of 14. This model is more fragile than an employment relationship, but Santos, being certified as a training club by Cbf, has some guarantees in the Pelé Law. Among them, the right to sign the first contract as a professional and the renewal of that contract, “said Rafael Cobra, a lawyer specializing in sports law.

“For FIFA status and transfer regulations, a player is a professional who has a written contract of any kind with the club and who earns more than he spends to play football. Article 19 states that a minor player is someone who is not 18 years old “, highlights Luiz Marcondes, a lawyer specializing in sports law and columnist for Lei em Campo

“Brazilian law only allows formal labor relations from the age of 14, as long as it has an apprenticeship character. This is present in the Federal Constitution (Art. 7), in the CLT, (Art. 403) and in the Statute of the Child and the Adolescent The sports law that addresses this issue, the Pelé Law, in its article 29, establishes that the sports entity may establish a professional relationship with the player only from the age of 16, whose term may not exceed five seasons. He also affirms that, from the age of 14, you can have a training contract with the club, defined by the CLT as a “learning contract”, said the sports lawyer, journalist and author of this blog, Andrei Kampff.

Law 9.615 / 98 (Pelé Law) regulates the employment contract in sports and also cares for adolescents over 14 years of age and under 20, who receive financial aid in the form of a study scholarship to work in the club with which have a signed contract.

“In the Pelé and CLT Laws, a 14-year-old athlete can formalize his first contract with the club, this being a link of sports training. Thus, an athlete who has a sports training contract can easily play matches between professionals, there is no impediment ”, adds Luiz Marcondes.

Entering the field on Sunday afternoon, Angelo Gabriel became the second youngest player to play a professional game, second only to another Santos idol. The third top scorer in Peixe’s history, forward Coutinho first entered the field professionally at 14, 11 months and six days, on May 17, 1958.

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