The Colombian Football Federation must change article 32 of the player's statute after the court ruling and order of the Ministry of Sports.
Said article, from now on, must adjust the parameters of the guardianship ruling to prevent economic problems between clubs from harming the players' right to work.
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Sentence
The case happened in 2022. Acolfutro took to the Constitutional court a ruling of a guardianship over some Atlético Nacional players who could not be registered in the middle of that year because the club owed money to Cortuluá.
The magistrate points out that article 32 of the player's statute violates the rights of the footballers, since the players could not be registered due to a failure by the club and not by the footballers.
Communication to Mindeporte.
It was learned that although they had an employment contract, the debt belonged to the clubs, not to the footballers, who were ultimately the ones affected.
The Court ordered that in three months, from the notification, that article 32 of the statute be changed, but it was not done.
After several petitions to the Ministry of Sports, the entity did not make the change, the order was not enforced and Acolfutpro filed the contempt action.
The first instance judge, on January 22, learned of the contempt and found that Mindeporte has failed to comply with the obligation to modify said article 32.
On January 24 of this year, Mindeport notified the Colombian Football Federation and ordered it to modify the article, adjusting it to the parameters that were included in the guardianship ruling to prevent economic problems between clubs from affecting the players' right to work.
“That the Honorable Constitutional Court is an institution of the Judicial Branch of the Public Power created through the adoption of the 1991 Constitution in order to preserve the integrity and supremacy of the Political Charter and that in use of its powers it issued the Sentence T- 464 of 2022 by which in paragraph 3 of the operative part ordered the Ministry of Sports the following:
“Based on the reasons set forth in this provision, COMMAND the Ministry of Sports to, within three months following the notification of this provision, in the exercise of its constitutional, legal and regulatory powers, to carry out the control function on article 32 of the Player Statute of the Colombian Football Federation, through the means or procedures that, by virtue of its autonomy, it considers relevant and taking into account the provisions of legal basis 121 of this ruling,” says the official document. .
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