The encyclopedia · Legal & Compliance · Legal decision · 2023
Pumas UNAM cut Dani Alves after his arrest — then spent two years fighting over the bill
Days after Alves was jailed without bail in Barcelona, Pumas fired him for cause and sued; a sports court set what he owes in September 2025.
Club Universidad Nacional (Pumas UNAM) · 2023-01-20
What happened
Pumas UNAM, the Mexico City football club tied to the national university, signed Brazilian defender Dani Alves in July 2022. On December 30, 2022, Spanish police arrested Alves in Barcelona over an allegation of sexual assault at a nightclub; a judge ordered him held without bail while the case proceeded.
On January 20, 2023, Pumas terminated Alves's contract for cause, citing a conduct clause, and formally announced the decision through the university's own gazette. The club then filed a claim with FIFA seeking $5 million in damages plus $1.12 million to recover an image-rights payment made days before the arrest — arguing the scandal had made the deal worthless.
FIFA's dispute chamber initially ruled in Alves's favor. Pumas appealed to the Court of Arbitration for Sport (CAS). On February 22, 2024, a Barcelona court convicted Alves of sexual assault and sentenced him to four and a half years in prison; an appeals court later acquitted him in March 2025, citing reasonable doubt.
On September 17, 2025, CAS ruled for Pumas on the contract dispute, finding the $5 million penalty clause disproportionate — nearly 17 times the $300,000 contract's value — but upholding the termination itself and ordering Alves to pay the club $2.25 million plus 5% annual interest, tied to the value of his combined playing and image-rights contracts.
Why it happened
- Pumas terminated on the arrest alone, before any conviction — risky when Alves was later acquitted on appeal, but CAS still upheld the termination under the contract's conduct clause.
- A penalty clause has to survive a proportionality test: CAS cut Pumas's $5 million claim to $2.25 million because the sum bore no relation to what the club actually paid Alves.
- An image-rights payment made days before the arrest became a specific, recoverable loss — a scandal's cost is measured contract line by line, not as one lump sum.
The lesson
Pumas fired Dani Alves for cause the moment he was jailed, then spent two and a half years to collect $2.25 million rather than the $5 million penalty clause promised.
Aftermath
Alves was convicted in February 2024, then acquitted on appeal in March 2025 on reasonable-doubt grounds; the criminal case and the contract dispute ran on separate tracks throughout. CAS's September 2025 award confirmed Pumas's termination was valid but capped what Alves owed well below the contract's stated penalty, underscoring that punitive clauses in player contracts get rewritten by arbitrators if they look disconnected from actual damages.
Sources
- ESPN Deportes — Dani Alves deberá pagar 2.2 millones a Pumas tras fallo del TAS
- BBC — El futbolista brasileño Dani Alves es condenado a 4 años y medio de cárcel
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