Judge nullifies decision that removed board of directors from the Amapá Football Federation – News of Brazil
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Paulo Silva
From the Editor
The judge Carlos Tork, of the Court of Justice of Amapá (Tjap), rendered ineffective the injunction issued by judge Alaíde Lobo de Paula, from the 4th Civil Court and Public Treasury of Macapá, which removed President Roberto Góes and the entire elected board of the Amapaense Football Federation (FAF), and ordered the holding of a new election.
The decision of Carlos Tork, who acted as a substitute for the rapporteur of the case, judge Agostino Silvério, was taken in the trial of the interlocutory appeal filed by the federation against the decision of the judge, who granted the request for reconsideration made by the affiliate Santos Futebol Clube and granted urgent provisional protection, determining the removal of the elected FAF board, as well as its fiscal council.
The federation’s defense claimed that the decision should be reformed because it was made based on false news that the entity receives public resources for the purpose of applying legislation to its detriment, arguing that no public resources were ever accessed on the recommendation of FIFA, CBF and COMENBOL.
According to the judge’s observation, the legal provision does not prohibit more than one reappointment, it only determines that entities that have their leader reappointed more than once cannot receive resources from the federal public administration. Therefore, the application of the aforementioned legal provision would not lead to Roberto Góes being prevented from assuming the presidency of the federation. Furthermore, the only document in the Files that, in theory, would prove the so-called fifth re-election is the reproduction of a journalistic article published on a website on the World Wide Web.
“In my opinion, such evidence is fragile and a delay in evidence is necessary to clarify these facts. In fact, Law 9615/98 establishes the need to publish, three times, the notice calling for the election. However, the documents supporting the initial petition do not provide minimal proof of the circumstances in which the publication of the notices was undertaken, or not. Therefore, in this regard, it is necessary to delay evidence so that the facts can be clarified”, registered Tork.
The judge also highlighted that the initial petition does not show what damages Santos would be suffering from the exercise of the presidency of the federation by the current directors, noting that the contested election took place in January 2022, with the management having been carrying out its activities for almost two years, understanding urgency is not demonstrated.
For Tork, the election that is intended to be challenged in the main process took place more than two years ago, during which time the board removed by the appealed decision has been effectively exercising its mandate. Furthermore, the preliminary removal of the board causes irreversible damage, as it expunges the possibility of fully exercising the mandate, for which until a resolution to the contrary was regularly elected.
When granting the FAF’s request for early appeal protection to suspend the effectiveness of judge Alaíde Maria de Paula’s decision, judge Carlos Tork ordered the scheduling of a conciliation hearing.
The Amapá Football Federation issued a note demonstrating satisfaction with the decision of the Amapá Court of Justice:
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