The president of the Southern Central Administrative Court (TCAS), Tânia Meireles Cunha, rejected the request for precautionary action filed by Frederico Varandas, as part of the appeal to the TAD and intended to suspend the effectiveness of the 51 -day punishment applied by the FPF discipline council, for statements in Sporting TV on 21 February. The process results from a participation of APAF.
This means that the president of Sporting will have to continue to serve the sentence, being prevented – as can be read in the judgment published on the TAD website – from “being present in the technical area of sports enclosures in which official games are played, from two hours before the start of any official game and up to 60 minutes after its term and, as well, inhibited from publicly intervened in subjects related to sports competitions.” The decision is dated April 17, that is, last Thursday, as it intended to impact Sporting to Moreirense, which took place on the 18th.
Although the TCAS did not grant precautionary action, Frederico Varandas eventually spoke yesterday after the game with Rio Ave, naturally with knowledge of the decision. According to the information gathered by our newspaper, Varandas could have said what he said, that is, the statements of the president of Sporting in Paços de Ferreira, related only to the players, the team and the supporters, do not configure a violation of the punishment applied to him by the discipline board and continues to be executed, because he was not suspended by the TCAS.
In the precautionary request, decided by the president of the TCAS for the impossibility of constituting an arbitral college in TAD in timely, Varandas claimed that “the statements he made in an interview given to Sporting TV do not pay attention against the honor and good name of referee Tiago Martins”, arguing that the “execution of disciplinary sanction” would constitute “a potential factor of sports and emotional instability, at a decisive phase of the team. competitions disputed by Sporting Clube de Portugal. ”
The origin of controversy
“I see the game Famalicão-Porto, where Tiago Martins, who is considered one of the best referees in VAR, has a decision where he nullifies a goal to FC Porto and scores a penalty in the same move to FC Porto. Reviews, do that communication to throw dust for the eyes of your supporters. To have been conditioned ”and also remembering that the same referee was“ var in the dragon game against Sporting. ”
The FPF CD considered that these statements of balconies represent a “slanderous denunciation”, affecting the “honor” and the “reputation” of the referees.
In the interpretation of the president of the TCAS, the same “are an expression of a judgment that points to a partial conduct of that referee (Tiago Martins), which, according to the author of them, was not taken in full freedom and exemption, having previously been affected by the pressure exercised by previous media reactions of the club. Obviously, who considers the pressures permeable, albeit of the media forum. ”
It also reinforces the president of the TCAS that “it is necessary to conclude” that the statements of the president of Sporting, “because they exceed the technical comment of the game and arbitration and based on facts not demonstrated in court (regarding the conditioning of the referee's conduct when showed the yellow and not red card), are subject to integrating the disciplinary offenses provided for in the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the mentioned summary and perfunctory, which will proceed to the contesting action. ”
In the appeal filed, Frederico Varandas also referred to the alleged “unconstitutionality” of a rule of the disciplinary regulation of the League, “by alleged compression of freedom to work provided for in article 47 (1) of the CRP”. The president of the TCAS considers that Varandas “did not have to demonstrate” this allegation, having judged the precautionary request. ”
