Francisco J. Marquez and Diogo Faria appeal their verdicts in the email case

FC Porto directors Francisco J. Marques and Diogo Faria appealed the sentences for publishing the emails on the Porto channel and challenged the legality of Benfica’s complaint, according to a document that Lusa had access to this Wednesday.

In the appeals, both Porto directors understand that “Benfica cannot be considered offended in this crime, so it could not file a complaint, so the criminal proceedings began with a violation of the rules of legitimacy.”

During the trial, which took place in Lisbon, lawyer Nuno Brandão asked for the acquittal of the director of public relations of FC Porto, Francisco J. Marques, his constituent, given that the Public Ministry (MP) “did not have the legitimacy” to investigate on grounds of illegality complaint.

Nuno Brandao argued at the time that “only people who own email accounts can be offended,” adding: “It is individuals who will have the legal right to complain about illegal access to their mailboxes. They had six months to do it and they didn’t do it.”

On appeal, Francisco J. Marquez was sentenced to one year and 10 months’ imprisonment, suspended for the same period, and Diogo Faria, sentenced to nine months’ imprisonment, suspended for a year. , state that “the disclosure of the emails is consistent with the legitimate exercise of the fundamental rights protected by the Constitution of the Portuguese Republic, freedom of expression and information.”

“There was a compelling public interest in supporting disclosure. [dos e-mails]”, refer to resources, adding that “on the basis of these same emails, a criminal case was opened against Benfica (suspicion of corruption in arbitration)” and considering that they “reveal well-founded suspicions of actions outside the scope of the law and rules.” and ethics that can distort healthy sports competition materialize in inappropriate offers to sports agents, promiscuous relationships between these agents and even between coaches, referees and players.”

The director of public relations of FC Porto was found guilty of one of the six offenses related to the violation of correspondence or telecommunications with which he was accused, as well as two of the four offenses of causing damage to a legal entity for which he was responsible .

In the same trial, which ended on June 12, Diogo Faria, content director of Porto Canal, was found guilty of interfering with correspondence or telecommunications.

In their appeals, the two directors of the Porto football club, who were both acquitted of charges of unauthorized access, highlight the fact that the prosecutor’s office “did not appeal any of the acquittals.”

Benfica, who assisted in the trial, appealed the decision last week, arguing that Francisco J. Marquez and Diogo Faria “should be found guilty of all the crimes of which they were charged and found guilty.”

The email disclosure case dates back to 2017 and 2018, when contacts between elements associated with the Benfica structure and third parties were revealed in the program “Universo Porto – da Bench” on the Porto channel.