Santos is suspended by the FAF and will not be able to participate in the entity’s competitions – News of Brazil
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The Amapá Football Federation (FAF) decided to suspend Santos Futebol Clube from any competition organized or promoted by the entity and the Brazilian Football Confederation (CBF) due to non-compliance with article 90 of the Federation statute. In this way, Peixe da Amazônia runs the risk of not participating in the 2024 Amapazão.
Santos is taking legal action, alleging irregularities in the election of the current FAF board. An Independent Disciplinary Commission was established “with the aim of analyzing the facts and adopting the appropriate measures due to the club’s conduct” due to Santos having violated the Federation’s Bylaws, the CBF and FIFA rules. The commission will operate for 30 days and may be extended.
The Santos team, despite the decision, continues training to be able to participate in Amapazão 2024, which starts on Sunday (04).
Understand the case
On January 19, judge Carlos Tork, from the Amapá Court of Justice (Tjap), nullified the injunction issued by judge Alaíde Lobo de Paula, from the 4th Civil and Public Treasury Court of Macapá, which removed President Roberto Góes and the entire elected board of the Amapaense Football Federation (FAF), and determined that a new election would be held.
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 FAF’s elected 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 journalistic material published on a website on the World Wide Web.
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.
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