Government of SP wants athletics to return money – 03/31/2023 – Sport

The Secretary of Sports of the State of São Paulo claims to have initiated “necessary notifications” for the CBAt (Brazilian Athletics Confederation) to return R$ 770,600 for misuse of money in a test organized by the entity in 2014.

The case is under analysis by the TCE-SP (Court of Auditors of the State of São Paulo) and is against the background of a fight between the former president and the current administration whether the amount should be reimbursed and who would be responsible for it.

Process 14594/989/18 concerns the rendering of accounts by the CBAt and the use of resources for the Campeonato Brasileiro Caixa de Atletismo under-23 in 2014. The rendering of accounts refers to R$ 960,818.03, but the TCE questions the use of BRL 770,600.

The first decision condemned former president José Antonio Martins Fernandes, Toninho Fernandes, to return the amount. He commanded the entity between 2013 and 2018. After an appeal by the director’s lawyers, a session held by the TCE on February 7 of this year annulled the sentence and determined that the process return to the initial phase. The CBAt, currently commanded by Wlamir Motta Campos, filed a motion for clarification and claims that the original sentence be reinstated.

questioned by Sheet, the Sport Secretariat, which entered into an agreement with the confederation for the event, sent a note saying it was notified in March of this year about the process. “As soon as it became aware of the content evaluated by the TCE, the folder initiated the necessary notifications to the confederation and its president at the time for the return of values.”

“The rendering of accounts was approved in an assembly by all members of the board, athletes who were part of the management, [24] federations [estaduais] and the Sports Secretariat. They were approved unanimously. The case rapporteur [do TCE] forwarded everything back to the first instance to present the original documentation of the agreement. CBAt omitted the document when questioned by the TCE”, says Martins Fernandes.

The Sports Secretariat states that the accounts were approved based on a report by the agreement’s manager, who “identified the holding of the event in accordance with the plan presented.”.

The investigation at the TCE is due to the fact that documents were not shown to prove the expenses incurred and how the money was applied. The CBAt alleges that the former president incurred a “debt for a malicious and incurable act”.

“The CBAt continues defending the interests of Brazilian athletics and believing in Justice and in the common sense of the counselors of the Court of Auditors of the State of São Paulo. It is not possible for a modality to be harmed by acts practiced by former managers”, said Wlamir Motta Campos, through the advisory of the entity.

The defense of Martins Fernandes alleges that, in addition to the accounts having been unanimously approved in a Confederation assembly, the case is time-barred and that the TCE would not be able to judge whether or not the former president acted with excessive power. Councilor Robson Marinho accepted the arguments and annulled the initial sentence.

The defense also claims that the conviction of the top hat can be admitted, but in solidarity with the CBAt and provided that all legal procedures are respected, which, according to the lawyers, did not happen.

Martins Fernandes declares that the current administration of the CBAt carried out an administrative inquiry composed only of opponents to its management. “It was political in character and did not even give me the opportunity to defend myself. [minha] defense in the TCE was not presented by the board, creating a gap to harm me”, he complains.

“He had ample right of defense, but he did not respond to any summons to defend himself. He omitted to do so. All documentation was forwarded to the bodies responsible for the investigation, such as the Civil Police and the Public Prosecutor’s Office”, says the CBAt, through its press office. press.

“Without better judgment, when such an assembly was held [que aprovou a prestação da administração de 2014], the accounts of the agreement had not been rejected and, therefore, the matter was not subject to appreciation. The attempt to transfer responsibility to the assembly in order to relieve oneself speaks volumes about the conduct of the former leader”, says Marcelo Franklin, lawyer and legal advisor of the confederation.

There is also a discussion about the organization’s finances, just over a year before the Paris Olympics. The sponsorship contract with Loterias Caixa expires in July. The agreement had been renewed in 2022 for around BRL 16 million.

In its sponsorship contracts with athletes and entities, Caixa Econômica Federal usually includes clauses that provide for fines in episodes that may harm the bank’s image. Although it does not confirm in detail what is contained in the document signed with the CBAt, the advisory of the state institution says that “the sponsorship contract signed with the CBAt has a clause that safeguards Caixa and the public interest it protects as a sponsoring entity” .

About the process at the TCE-SP, Caixa says it does not comment on legal actions in progress and “awaits the unfolding of the facts for possible appropriate measures”.