It is impossible to ignore the importance of precautionary measures, the main goal of which is to avoid or stop threats or violations of rights recognized by the Constitution.

What stands out is that in the selection processes of the two shipyards, these resources stood out because of the abundance of use and because many of them did not meet the conditions for allocation. They led to the delay of the deadlines set for the elections.

Ecuadorian football: winners and losers

Barcelona SC: The Ministry of Sports responds to the court proceedings seeking the registration of the directory of Antonio Alvarez Henriques

When we thought that the elections in Barcelona SC would take place solemnly in a clean and autonomous process, they were influenced by the judiciary and state institutions, which, with their own and others’ power and influence, tried to modify the decisions of the highest body of the private club, such as the General Assembly of Members, and the electoral court.

It should be borne in mind that the election period was burdened by judicial incidents caused by various actors, such as José Francisco Cevallos, who, with a protective action approved by the judge, managed to postpone the elections for two months.

Antonio Alvarez in Barcelona SC: a turning point?

President of Barcelona SC: ‘We managed to extend for 3 seasons with Leonai Souza, but this is the problem that kept us awake; Jesús Trindade is one step away from the continuation’

Then there was the rejection of Rafael Verduga’s list by the Electoral Court and the rejection of the appeal proposed by the affected candidate. A series of more than six injunctions filed by people trying to defend Verduga’s rights followed, all of which were denied. There, Verduga stated that he felt frustrated and described the electoral process as politicized and manipulated.

The confusion over the legal issues was so great that we witnessed the club’s electoral tribunal shifting its responsibility to the then Minister of Sports, Sebastián Palacios, to clarify the obstacles to re-election and the alleged ambiguity of the law and its regulations. The minister, washing his hands, sent the state attorney to rule on the principle of hierarchy between laws and regulations.

Guayas football, in decline in all aspects

‘Chimichurris players will not come to this Barcelona SC, only those who are competitive’, says president Antonio Alvarez

On November 7, 2023, the Electoral Court of Barcelona recognized the list headed by Antonio Alvarez as the only legally authorized and registered list. In accordance with the current statute, Article 83 stipulates that, if only one candidate list is presented or remains, the electoral court, after the deadline for candidate registration, must declare it the winner, thus ending the election process and declaring it a candidate. new authorities of the club. Convinced, the new toreador dignitaries started registering the directory at the Ministry of Sports. And a new surprise arrived: it will not be registered until the eight objections are corrected, the file is returned and the petitioners are given ten days to resolve them.

As these ten days passed, a fortuitous event occurred. The Ecuadorian Football Federation reminded and recalled that the Constitution of the Republic recognizes the autonomy of sports organizations. Article 63 of the Sports Law expressly states that professional football will be organized through the FEF and will be governed in accordance with its legally approved statute and regulations dictated by the international regulations of FIFA and Conmebol. On the basis of these powers, the FEF has issued regulations for monitoring in the electoral processes and regularization of clubs dedicated to the practice of professional football.

Article 8 states: “After the process of monitoring and supervising the election process of a club affiliated to FEF is completed, the Legal Department will submit a report as specified in Article 2 of Ministerial Agreement 0250. The report is a condition for the registration of the new governing body of the club.” This simple regulation reminded the FEF to respect the sovereignty and autonomy of professional football. This regulation would avoid many incidents of the last election processes.

The novel for the president of Barcelona did not end as announced by members of Alvarez’s list, who claimed that all observations would be corrected. We believed that there would be stability of the leadership, but a few hours before the final announcement of the Ministry of Sports, it was surprising that Carlos Nahón Mancheno, the partner identified for Alvarez’s list, asked for precautionary measures to avoid possible violations of the law.

The judge accepted the precautionary measure and immediately ordered that: 1) the Ministry of Sports refrain from issuing a response to the Barcelona SC board of directors’ registration process; and 2) Access the registration of the directory chaired by Antonio Alvarez in the records of the ministry, until the resolution of protection in the coming days. And if something more complex was missing from this intersection, there were the accusations of Raúl Chávez, the administrative vice-president of the Canary Islands, who presented the complaints in a press conference.

He said that “before the end of the year, an official from the Ministry of Sports wanted to communicate with Barcelona’s lawyers in order to exert pressure and thus obtain a favorable solution, which happened on Friday, December 29, at 11:30 p.m. It is shameful that the director of sports affairs of the ministry, Julio Escobar Cárdenas, communicated with one of the lawyers of Barcelona SC while he was drunk. He said the inconsistencies (the recordings that exist) and threatened not to register the list because the person with whom they should fix the registration is him, because Minister Andrés Guschmer does what he says.”

According to the manager’s version, Guschmer listened to the audio recordings and on Tuesday, January 2, ordered the removal of Julio Escobar. With this background, the precaution was justified because the guarantees no longer existed and it was evident that there was a political direction within the Ministry of Sports against the interests of the Alvarez list. So far, the chronicle of the publicly displayed turbulence of the election process. One of the most shameful chapters is the condemnation of the leader Raúl Chávez.

We will carefully follow the clarifications and explanations of the Ministry of Sports. We, who create public opinion, express deep concern about the crisis that the national football election processes are going through, which are resolved in other areas, far from good practice in accordance with the law.

As a consequence, the current risks are: