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Luís Filipe Vieira’s candidacy has yet to be officially announced, but the Honor Commission, an extensive list of names that will back the re-election of the current Benfica president, is already creating problems, especially in the political arena. The name of António Costa, Prime Minister, figures among many others and opposition leaders and parties quickly came to the fore, criticizing António Costa’s support for Luís Filipe Vieira. But is there anything that prevents António Costa from publicly supporting someone’s candidacy for the management of a football club? Does it violate any article of the government code of conduct?
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“Basically, the idea is: it does not violate the legal norms in force because the Prime Minister was not exercising, he was as a citizen,” constitutionalist Jorge Reis Novais begins by explaining to the Observer, but the question is deeper than a simple legal reading of the lawsuit. scored by António Costa. “Although from a strictly legal point of view it may seem that it does not contravene current regulations, this turns out to be a hoax”, considers Reis Novais.
“It is not the intention of citizen António Costa, it is what results from the act. When he comes out publicly, he is not the citizen, he is the prime minister and he knows it ”and, according to Reis Novais, there lies the violation of the rules. This is because, as exemplified, “when the Prime Minister or the President of the Republic went to the beach to encourage people to go to the beach, in formal terms they were citizens, but the action only made sense for being Prime Minister and President of the Republic. . In material terms, it was the Prime Minister and the President of the Republic who were there, now the same thing happened ”.
“In strictly legal terms it works, but in a code of conduct – where the ethical dimension is greater – then it would be wanting to deceive people by making the distinction between Prime Minister and António Costa,” he explains to the Observer.
And, at least in 2016, António Costa knew it. After the controversial “slapping” of the then Minister of Culture João Soares, António Costa reacted with a phrase that would remain in the memory of many for several years: “I have already reminded members of the Government that, as members of the Government, neither even at the coffee table they may not remember that they are members of the Government ”. But it seems that in ‘house of the blacksmith spikes’, and at least for now, António Costa refuses to comment on the controversy, responding that “the issue has nothing to do with politics.”
Costa declines to comment on the support for Vieira. “It is an issue that has nothing to do with political life”
For The Observer, Jorge Reis Novais describes António Costa’s support for Luís Filipe Vieira as “a regrettable and unacceptable act”, which is “not to forget, but to remember.” “The fact is serious because it turns out to be a violation of that code of conduct that the Government itself approved for members of the Government. It violates the principle of fairness, from the beginning of the different applications and in terms of the different clubs and, secondly, it is a violation of the principle of inter-institutional respect“, The constitutionalist points out.
Everyone knows that the president of Benfica is currently under investigation for various things. It is not the Government that carries out the investigations, it is the Judiciary, but when it comes to supporting this person, it is saying that everything is fine, at the same time that the processes are taking place, ”emphasizes Reis Novais.
Given that it is not possible, then, to dissociate the person António Costa from the prime minister, the constitutionalist also considers that the prime minister does not comply with the provisions of paragraph 4 of the code of conduct that says that in the exercise of his functions, the members of the government must “refrain from any action or omission, exercised directly or through an intermediary, that objectively may be interpreted as intended to unduly benefit a third person, natural or collective.”
And in this case, in addition to publicly expressing his preference for a candidate and a soccer club, he is the current president of the club, who is involved in several lawsuits and ends up passing a message to the Judiciary, according to Reis Novais.
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“A prime minister is always involved or may be in the future deciding things related to Benfica and this president. To what extent will people believe that when they are asked to decide they will not be swayed by this promiscuity and involvement? “Asks the constitutionalist.
Jorge Reis Novais also considers that the controversy is a reason for the President of the Republic to “say something”, as well as “the different candidates for the Presidency of the Republic who are in the pre-electoral period”.
