The Lisbon City Council will vote again on Thursday on a proposal to resolve the contract for the rehabilitation of the Penha de França pool with the Estrelas S. João de Brito association.
In June 2019, the municipality had already approved the revocation of the contract on the sports development program for this pool, which had been closed since 2011, as the developer, the club, had assumed administrative responsibility for the equipment.
In October last year, however, the Sports Arbitration Court (TAD) decided to overturn the municipality’s decision on the grounds that the right to a prior hearing was not guaranteed by the club.
The city council, chaired by Fernando Medina (PS), appealed the decision, but the Central South Administrative Court ruled against it in a Jan. 7 ruling, upholding the TAD’s decision.
In the document, which is now being examined at a private meeting of the local authority to which the Lusa Agency had access, the proposal signed by Medina indicates that the Associação Cultural e Desportivo Estrelas São João de Brito already “has the right of prior hearing ”after protesting“ February 10 ”.
According to the board, “there was also a prior hearing of interested parties in the municipal council of Penha de França,” which “exercised the privilege (…) to express their agreement with the draft decision submitted”.
“After analyzing the association’s statement on the draft decision sent to it on the report (…) it is clear that the only new fact in relation to the argument developed by it (…) the contract of the new contract by the municipality is about to complete the renovation of the municipal swimming pool of Penha de França, ”says the proposal.
The municipality ensures that it maintains the decision to terminate the contract with the association and points out that both courts have proven “the final, serious and factual non-compliance of the association”.
In view of the fact that it has already started a competition and awarded the work, the board argues that “there is no reason to support the club” as “the tendering process and the subsequent award of the contract in question have taken place up to the arbitration process , more precisely on 07/27/2020 (decision to discontinue), so that the action of the municipality that led to the conclusion of the new contract took place after the sport development program contract ended  and before the effects of the Arbitration for Sport take effect ”.
The contract is “not only legitimate, but necessary in view of the reasons of public interest on which it is based, taking into account the state of deterioration and the danger to the safety of people and property in which the facilities are located,” said Fernando Medina in the proposal.
On February 25, the club claimed in a notice sent to the Ombudsman that following the decision of the Sports Arbitration Court, the community had signed an “illegal contract” to start renovating the pool.
“The CML [Câmara Municipal de Lisboa] He signs an illegal contract when he couldn’t because the only one authorized to do so is the developer that we are. Worse, in addition to signing the contract, he started working without a contract (…). This work took place for several months without a contract and then ended with an illegal contract, ”the document says.
In 2014, the municipality, the municipal council of Penha de França and the Associação Cultural e Desportivo Estrelas S. João de Brito signed a contract for a sports development program for this urban pool, the requalification work of which is the responsibility of the club until the end of 2016.
In December 2019, the city’s director of maintenance and conservation, Mónica Ribeiro, announced that the pool would reopen in the second half of 2020.