Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c3342776244497a4f4331594c6d527659773d3d&fich=ppl238-X.doc&Inline=false
Bill n. º 238/X U.S. PRESIDENCY of COUNCIL of MINISTERS draft law n° 238/X ' display of Reasons the 17TH Government program, in point 2, «Generalize the practice in a security ' in your Hood chapter IV ' more and better desportoÂ», took over as priority measure, Â «accentuate, in ensuring ethics sports the combat is doping and promote action µ s of information and fiscalizaÃ of the truth desportivaâ ¦ Â». Article 7, paragraph 3 of article Â. Â º of law No 5/2007 Â°, of 16 January, the framework law of music FAN Activity and sport, µ and your carts are no Â° 3 Â ' Ã ¢ scope of the central administration of the State, run the Anti-Doping Authority of Portugal, with µ s role in monitoring and fighting is doping in desportoÂ». The history of combating ³ doping in sport in Portugal has a long tradition. In fact, very early on that our paÃ s had the perception of the fundamental importance of an effective system to combat doping in sport, in order to preserve the health of the athletes and the truth. At the end of the Decade of 1960, the international sports movement took full awareness of the existence of this problematic. In 1968, the Committee © Hello mpico International (IOC) has decided to conduct doping controls for the first time in the games Hi mpicos, that took place in Mexico City. In that same year of 1968, was held the first doping control in our paÃ s, during the back to Portugal, by Dr. Carlos Tapadinhas and Dr. Carlos BicÃ ³. The inspection was prompted by the then Director-General of sports, Dr. Armando Ramirez, and the analyses have been carried out in a laboratory ³ particular river in Lisbon.
U.S. PRESIDENCY of the COUNCIL of MINISTERS 2 2 Between the end of these 60 years and in the course of the years 1970, checks were carried out on your vast majority in cycling mode and according to the regulations of the Union Cycliste Internationale. Initially, the analyses were performed at the Faculty of pharmacy of Lisbon, by Prof. Doctor Ember free, passing later in the period between 1974 and perÃ 1981, to be held at the Faculty of pharmacy of Coimbra by Prof. Dr. ProenÃ to da Cunha. In analyses carried out in cycling between 1969 and 1984, about 11% of the results were positive, the who, although representing a high percentage was water from what was happening in other paÃ ses. However, the procedures were carried out mainly with ticos analog methods graphics cromatogrÃ, which were much less sensÃ furniture of that currently used essentially in the detection of certain compounds as steroid ³ anabolisantes ides, whose utilization already was suspected at the time. In 1970, Portugal publishes the first cool where the theme of doping is addressed, through Decree-Law No. 420/70 Â, of 3 September 1970. The Portuguese authorities, worried about the situation then lived, decide to create, in 1977, the Commission for the Regulation of the Anti-Doping Control, coordinated by Dr. Orlando Holm, who represented the pioneering National Anti-Doping Council structure (CNAD). In September 1979, through Decree-Law No. 374/79 Â, of September 8, is published the first legislation on the then designated «Control Anti-DopingÂ».
In the late 1970, starts the installation of the Laboratory ³ River of Doping analyses in µ s installation of the sports medicine center of Lisbon, by the hands of Professor Lesseps Reys '. However, the labs are ³ ³ was created officially in 1985, U.S. PRESIDENCY of the COUNCIL of MINISTERS 3 3 by IX Government of Republic, receiving the appellation of Laboratory ³ River of Doping analyses and BioquÃ mica, as have owned the mica and bioquÃ departments of doping. In 1987, the Laboratory ³ River of Doping analyses was accredited by the IOC, becoming part of a very small group of laboratories accredited rivers not ³ vel II. From 1982, the analyses started to be carried out in the Laboratory of river ³ Doping analyses to be tracked other methods apart from cycling, based on legislation published at the end of 1979. The number of sports in our controlled paÃ was increasing in a progressive manner, having for the first time exceeded the 10 procedures in 1988, the procedures in 1992, 20 30 modalities in 1998, 40 in 2000 and 50 modes modes in 2004. Although the number of controlled modes has been increasing progressively, ³ since 1998 is that the CNAD went on to conceive a true National Anti-Doping Plan, in close cooperation with the Federation of µ s cardholder sports public utility. In 2007, in the framework of the national plan ¢ anti-doping were analyzed by the Laboratory ³ River of doping analyses 3484 samples and, out of this plan, 239 samples, a total of 3723 samples. The IOC, concerned about the growing utilization of steroid ³ anabolisantes ides and other doping substances with effect of long duration, conceived in 1994 doping controls out of competition our paÃ s implemented those controls yet in the year of 1994 and has been carrying out a growing number of such tests year after ³ s year recognizing your key role in deterrent of the use of doping substances.
On 16 November 1989, is approved in Strasbourg Convention against doping of the Council of Europe, which was signed by our paÃ s in 1990 and ratified U.S. PRESIDENCY of the COUNCIL of MINISTERS 4 4 in 1994, by Decree-Law n. º 2/94 Â of 20 January. The result of the approval of the Convention against doping of the Council of Europe and the work of the SubcomissÃ of Doping and the IOC mica BioquÃ, appears a new definition of doping, that inspires the updating of legislation, being published in 1990 Decree-Law No. 105/90 ', March 23 regulated through Portaria No. 130/91, Â of February 13. This Decree-Law creates the National Anti-Doping Council (CNAD), assuming this is ³ body, since then, the definition of Poland of combating doping in Portugal. Indeed, until is creation of the CNAD combating doping focused solely on conducting doping controls. With the creation of this Council are posted the first educational initiatives in the scope of this matter, following the recommendation of µ Convention against doping of the Council of Europe. So, in 1997 was thrown the first educational and informative campaign properly structured and directed at various target groups. At the end of 2003, is released by the CNAD the program â healthy velâ Sport, which, taking advantage of the fact that we celebrate in the 2004 European year of education through sport, wanted to contribute to educating athletes, sports agents (managers, coaches, doctors, paramÃ, among others) and young people of school age, in respect of the theme is combating doping. Portugal was one of the first paÃ ses does not recognise a fundamental right world of sport practitioners, the right to treatment. In 1994, the CNAD has created a system of notification of the use of doping substances for treating situation ³ µ s malformations gicas, so that the sports practitioner could exercise this fundamental right that, at international level, are ³ was recognized in 2003 through the international standard of authorization to use the therapeutic of world anti-doping AGENCY's (WADA).
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5 Portugal has participated actively, since the signing of the Convention against doping of the Council of Europe, in the activities of the monitoring group and its working groups (education, science and JurÃ dico) of that Convention. Concerned with the dimension hit by the use of doping substances, the IOC organizes, at numerous cio of 1999 the first World Conference against doping, where several µ s organization of sports movement and paÃ ses from all over the world decide to create the World Anti-Doping Agency. Portugal actively participated in this Conference and in the working group set up in the IOC for drafting the first statutes of the said Agency. At the end of 1999, is officially established the World Anti-Doping Agency (WADA), Foundation of private law funded by the sports movement and the Public Authorities from all over the world, having the Secretary of State for Sport of the thirteenth Government of Republic designated for your first Board of Founders. In this capacity, Portugal participated actively in the drafting of the world anti-doping CODE say ³ and International standards developed by the AMA. In March 2005 the AMA organizes the second World Conference against doping, which took place in Copenhagen, where it was approved the world anti-doping CODE ³ say, having the fourteenth Government of Republic signed the Declaration of Copenhagen. Through this Declaration the paÃ ses recognized the key role of the AMA and undertook to co-financiÃ it. Our paÃ s has collaborated actively with the LOVE from your creation, through participation in various Commission µ s (health, Medicine and research, AcreditaÃ of Laboratory ³ rivers and athletes), µ s mission of independent observers, informational and educational campaigns and conducting doping controls in the framework of the program of controls ¢ of doping out of competition of that agency. Portugal participated actively in the drafting of the International Convention against the U.S. PRESIDENCY of the COUNCIL of MINISTERS 6 6 Doping of UNESCO, to document the paÃ ses from around the world can recognize the LOVES, the world anti-doping CODE ³ say, international standards and establish common principles princÃ Ã ¢ scope of the fight against doping. This Convention was approved by the UNESCO General Conference in October 2005, and Portugal proceeded is your ratificaÃ in 2007, through the Decree n° 4-Â A/2007, March 20. The III World Conference of the World Anti-Doping Agency, which was held in Madrid in November 2007 approved a new redacÃ for the world anti-doping CODE ³ say. Among the innovation introduced in ³ µ s say, we immediately to greater flexibility in the sancionatÃ ³ River, through a better application of the princÃ pio proportionality. Another matter highlighted is the possibility of a practitioner could be punished if it has a longitudinal profile not logical not ³ physiological hormonal level or certain parameters ³ hematolÃ gicos, through the creation of the passport of the Health Practitioner. Are to highlight the changing µ s introduced in some of the International Standards, in particular, the possibility to save and analyze samples over a period of eight years perÃ, by request of the anti-doping organization, the harmonizaÃ of the princÃ principles inherent in the system of localization of practitioners and a simplificaÃ of µ s authorization to use therapeutic.
It should be noted, however, that there are some inherent issues CODE ³ say they deserve, in the national framework, an implementation is very careful to not be properly introduced anti-doping programmes, can undermine the system of combating doping, in particular the new regime sancionatÃ ³ River, the protection of personal data, the indication of 1 hour a day on the localization of practitioners , and the procedures involved is getting positive proof is not analog. The approval of this new version of the world anti-doping CODE ³ say U.S. PRESIDENCY and of 7 7 International COUNCIL of MINISTERS inevitably leads to new challenges in the future of the fight against doping. The management of the results, especially the positive analog, not represents a job is strenuous, with a high incidence of cases where the production of proof is called into question by the offenders. The planning of doping controls, especially those made outside of competition, must be carried out using the cientÃ knowledge, human intelligence and the parameters listed in the Passport of Health Practitioner. Must be reversed the trend to hold increasingly large checks at µ s international competition, although the cost of control directed is the right time and in the right place is generally higher, but allows a much more effective deterrent than obtained through inspections carried out in inappropriate time and place. The current legislative framework for reform is the fight against doping in sport has therefore based, the new version of the world anti-doping CODE ³ say. In this way, the proposal now present already welcomes changes µ s introduced this important instrument jurÃ dico, allowing Portugal to continue at the forefront of combating this scourge.
Novelty biggest in this proposal, it is the punishment of the traffick of any substance or prohibited methods, while violation of anti-doping rules, matter of particular relevÃ, and so framed the proposal as a crime. This proposal maintains also as a crime the administration of substances and prohibited methods, but aggravating when the vain tima in a situation of special vulnerability, in reason of the age, or deficiency disease, has been spent U.S. PRESIDENCY of COUNCIL of MINISTERS 8 8 or intimidaÃ or the responsible has prevailed a relationship of hierarchical dependency ³ mica, economic, business or professional. Actually, in matter of Rufous of µ s, register the significant hardening of the Rufous of µ s to apply that, in your maximum limit can lead to a suspension for the 20-year period of perÃ. This hardening of the Rufous of µ is accompanied by a higher requirement as to the duties of all sports agents involved, but also by strengthening the defence and guarantees of transparency and impartiality in the µ s decision. In this way, the Anti-Doping Authority of Portugal (Adopted) may, at any time, challenge the application of the penalty of µ s applied by disciplinary Federation is µ s sporting as well as change the µ s archiving decision, wrench or the sentencing given by ³ judicial body is a Federation sport, uttering the new decision, which appeal to the Court of arbitration for sport in Lausanne. As far as structure is fighting doping, this proposal governs the Anti-Doping Authority of Portugal (Adopted), while organization anti-doping national with µ s role in monitoring and in the fight against doping in sport, in particular as an entity responsible for adopting the rules with a view to triggering, implementing or enforcing any part of the process of doping control.
In order to provide this new structure essential to be media is prossecuÃ of its µ s assignment, in addition to the President, is still ³ body the Executive Director being created as the adoption services Laboratory ³ River of doping analyses (LAD) and the supporting structure to the anti-doping Program (ESPAD). The Adoption comes with powers reinforces ados face is present structure â â that CNAD becomes specialized entity responsible for issuing technical opinions and graphics cientÃ. Lastly, this proposal welcomes the princÃ pio mutual recognition, that is, the Adopted recognizes and respects the checks, the µ s authorization to use the therapeutic and the U.S. PRESIDENCY results of the COUNCIL of MINISTERS of 9 9 hearing µ µ s or other final decision of any anti-doping organization or organization responsible for a competition or sporting event that comply with the World CODE say ³ Anti-doping and their competence. Were heard the ³ body the Government own ³ themselves of µ s standalone region ³ nomas. Must be the Assembly of the Republic to consider the query is National Commission protection of data. So: according to the nea d) also no Â° article 197 1. º of the Constitution, the Government offers is the Assembly of the Republic the following Bill: HOOD TITLE I wrapping General Article 1 µ '° Subject to this law establishes the regime jurÃ dico in the fight against doping in sport.
Article 2. Μ s definition for the purposes of this Act and other legislation applicable: (a)) «or organic sample nicaÂ Sample ' means any biological material collected for the purposes of ³ logical doping control; b) «Anti-Doping Authority of Portugal (Adopted) Â», national organization anti-doping;
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10 c) «competition oÂ», a race only, a date, a game or a sport competition is especÃ, given in evidence by steps and other µ s sporting competition in which are the prizes, prize assign daily or so, that the distinction between competition and sporting event is indicated in the rules of the Federation of international sports; d) Â «dopagemÂ», the control procedure that includes all the acts and formalities, since the planificaÃ and distribution of the checks until is final decision, including information on the location of sports practitioners, collection and handling of samples, laboratory analyses, the µ s authorization to use therapeutic companies the management of the results, the hearing µ s and resources; e) «Wielding», the stage of the doping control procedure which involves planificaÃ of the distribution of inspections, sampling, sample handling and transport for your lab ³ River; f) Â ' direccionadoÂ ' Control, the selection is not random ³ to control, at any given moment, practitioners or groups of sport practitioners; g) Â ' control in oÂ ' competition, the sports practitioner control selected in the scope of a competition especÃ is; h) Â ' control out of competition oÂ ' means any doping control which does not occur in competition; I) Â ' control without notice © vioÂ», the doping control conducted without foreknowledge of the sports practitioner and this is continuously accompanied from the time of notification until is sampling; j) «desportivoÂ», Event organization that encompasses a series of µ s individual competition and or legal persons to be held under the aegis of the same entity is U.S. PRESIDENCY of COUNCIL of MINISTERS sports 11 11; l) «target group» desportivosÂ practitioners, the Group of high-performance sports practitioners, identified by each International Federation and Adopted within the framework of their respective planificaÃ µ is the distribution of anti-doping controls on competition and beyond; m) Â «list of substances and methods proibidosÂ», the prohibited substances and prohibited methods the Ordinance referred to in article 8. º; n) «MarcadorÂ», a compound, group of compounds or biological parameters that gicos ³ suggests the use of a prohibited substance or a prohibited method; «MetabolitoÂ») means any substance produced through a process of biotransformaÃ; p) Â «proibidoÂ» method, any method described as such in the list of substances and prohibited methods;
q) Â «InternacionalÂ» Standard, a standard adopted by the World Anti-Doping Agency (WADA) as an element of support for the world anti-doping CODE ³ say; r) Â ' desportivoÂ practitioner support Personnel ' means any natural or legal person to work, collaborate or watch the sports practitioner, in particular any trainer, Manager, agent, team member, medical personnel or medical paramÃ; s) Â «desportivoÂ» Practitioner, one who is enrolled in a Federation of national or foreign sports, train or compete in national river ³ territories like the one not seeing inscribed participates in a competition U.S. PRESIDENCY of COUNCIL of MINISTERS held in sports 12 12 ³ river national territories; t) Â «positivoÂ» tico analog Result, report ³ River from a laboratory ³ River or another entity approved by the AMA, in which, according to the international standard laboratory ³ rivers and related Technical Documents, identified the presence of a sample of an organic substance prohibited or its metabolites or markers (including elevated quantities of endocrine substances ³ genas) or evidence of the use of a prohibited method; u) Â ' analog Result tico until picoÂ» ³ River, report from a laboratory ³ River or another entity approved by the AMA, in which, according to the international standard laboratory ³ rivers and technical related Documents, if demonstrates the need for additional research; v) Â «proibidaÂ substance ' means any substance described as such in the list of substances and Prohibited methods; x) «substance» ficaÂ, especÃ substance that is susceptÃ not to give rise to infringement of µ s not intentional anti-doping standards due to the fact that often find this in medicines or to be less susceptÃ of utilization with success while doping agent and on the list of substances and Prohibited methods. Article 3. º Prohibition of doping and violation of anti-doping rules 1-Ã prohibited doping all sports practitioners within and outside of µ s sports competition organized in ³ river national territories. 2-Constitutes violation of anti-doping rules by sports practitioners or of your support staff, as the case may be: a) the presence in a sample collected a sports practitioner of a substance U.S. PRESIDENCY of COUNCIL of MINISTERS 13 13 prohibited, its metabolites or markers; b) the use of a prohibited method; c) the use of a prohibited substance or a prohibited method by a sports practitioner, demonstrated by confession, for µ s declaration of witnesses, documentary evidence, conclusions µ s resulting from longitudinal profiles or other µ s analog information practices that do not meet the criteria established for the verification of a violation of the anti-doping rules described in in neas a) and b); d) refusal, resistance or lack without justificaÃ is valid to submit to doping control, in competition and out of competition, after ³ s the notification, as well as any behavior resulting in the impediment is sampling; and) the obstruction, the dilaÃ of the unjustified, the concealment and other conduct that, by action or default, impeÃ § am or disrupt the collection of samples in the Ã ¢ scope of doping control; f) the absence of the submission within the prescribed time limit, or the sending of incorrect information, pursuant to article 7. º, by three times by the sports practitioner in the space of 18 months, without the justificaÃ valid, after ³ s have been duly notified by Adopted in relation to each of the fouls; g) the check of three checks declared as not carried out on the basis of the rules set by the Adopted a perÃ odo with the duration of 18 months, without the justificaÃ valid, after ³ s the sports practitioner referred to in article 7. Â° have been duly notified by the authority in relation to each of the controls declared as not made; h) the change, fake or manipulation of any part of the doping control procedure;
U.S. PRESIDENCY of the COUNCIL of MINISTERS 14 14 i) the possession of substances or prohibited methods, either by the sports practitioner or by any member of your support staff. 3-Any combination of three situation µ s listed in neas f) and (g)) of the previous number, in the space of 18 months, is also a violation of the anti-doping rules. 4-the possession of substances or prohibited methods, as well as your inventory management by the sports practitioner or your support staff, does not constitute a violation of the anti-doping rules in cases arising out of an authorization of use therapeutic.
Article 4. º conducting events or µ s sports competition the license or authorization required is conducting an event or µ s sports competition can only be granted when the respective regulations require doping control, as defined by the Anti-Doping Authority of Portugal (Adopted). Article 5. º 1 sports practitioner's duties-the sports practitioner shall inform the representative of the organizer of the event or sports competition involving, or the responsible for doping control team, is gone or can be displayed or drawn to undergo anti-doping control, and should not leave the spaces in which sports the same if performed without ensuring that it is not the target control. 2-Is a duty of every sports practitioner ensure that introduces or is introduced into your body any substance prohibited or that there is no U.S. PRESIDENCY feature of the COUNCIL of MINISTERS 15
15 any method is forbidden. 3-the organiser of the race or competition should inform the practitioner of sports that it may be subject, in accordance with the law and regulations applicable, the anti-doping control Article 6. º 1 sports practitioner's responsibility-sports practitioners are liable, in accordance with the procedure provided for in this law, for any forbidden substance or its metabolites or markers found in their organic samples only as well as by the use of any method is forbidden. 2-the responsibility referred to in the previous number may be rebutted by the special criteria for the evaluation of prohibited substances that can be produced so endocrine ³ gena. 3-the liability may still be rebutted in cases where the substance prohibited or its metabolites or markers do not exceed the limits set out in the list of substances and methods prohibited or in international standard laboratory ³ rivers. Article 7. Â º µ s information about the location of sports 1 practitioners-sports practitioners that have been identified for Adoption for inclusion in a target group for the purpose of being subjected to out-of-competition controls are required to provide information accurate and updated about your location during the three months following this information in particular referred to dates and locations in carrying out training or evidence not incorporated in µ s competition. 2-the information referred to in the previous number is provided on a quarterly basis is Adopted and where there is any change, in the previous 24 hours is the same.
U.S. PRESIDENCY of COUNCIL of MINISTERS 16 16 3-the information is kept confidential and may only be used for the purpose of planning, coordination or conducting doping controls and the destruÃ after ³ s stop being useful for the purposes indicated. Article 8. º list of substances and Prohibited methods 1-the list of substances and methods prohibited in force is approved by order of the Member of Government responsible for the area of sport and published in the journal of the Republic. 2-the Adopted discloses the list of substances and methods Banned by the Federation of sports in µ s Ã ¢ scope of modalities, must adopt and give him publicity, as well as with the Committee © Hello mpico of Portugal, the Committee © ParaolÃ mpico of Portugal, of the order of doctors, of the order of the pharmaceutical uticos and order of nurses. 3-the list of substances and Prohibited methods is reviewed annually or whenever the circumstances so warrant, the Adopted, being updated in the manner referred to in paragraph # 1 Â. 4-the list of substances and Prohibited methods, duly updated, must appear in the annex to the regulation of anti-doping control, approved by each Federation of sports. Article 9. Â° proof of doping for disciplinary purposes 1-Ã ³ nudes of proof of doping, for disciplinary purposes, falls on the Adopted and shall determine the existence of a violation of an anti-doping standard. 2-the facts concerning the violation µ s anti-doping standards can be proven through all means in juÃ recognition-zo, including confession.
U.S. PRESIDENCY of COUNCIL of MINISTERS 17 17 3-In cases of doping shall apply the following rules on the evidence: a) it is assumed that the ³ laboratories accredited by rivers nanny who carried out the analyses of samples security procedures have been established by the international standard laboratory ³ rivers of LOVE; b) the sports practitioner can rebut to the presunÃ referred to in previous nea also proved that failed to comply with international standards applicable. 4-If the provisions in nea b) of the previous number, is ³ naked to prove that this failure does not gave rise to a result analogue tico positive falls on the Adopted. 5-When the failure to comply with the international standard of control of LOVE does not give rise to a result analogue tico positive or any other violation of anti-doping rules, keeps-if valid the results of any analysis. 6-If the sports practitioner prove that non-compliance with the International Standards has occurred during the control phase, the Adopted has is ³ naked to prove that failure is not the result positive or analog tico is factual basis that was at the origin of the violation of anti-doping standard concerned. Article 10. º Medical Treatment of sport practitioners 1-The doctors working in the Ã ¢ scope of sports system, shall, with regard to the medical treatment of sport practitioners, observe the following rules: a) does not recommend nor prescribe or administer medicines that contain prohibited substances, whenever they can be replace by other that does not contain; b) does not recommend nor prescribe or cooperate in the utilization of methods U.S. PRESIDENCY of COUNCIL of MINISTERS banned 18 18, where they can be replaced by others that are not. 2-the provisions of the previous number applies is intervention of other health professionals, in the framework of its competence ¢.
3-not being could not those health professionals comply with the provisions of the neas) and also b) paragraph Â° 1, in function of the State of health of the sports practitioner or by products, substances or methods available in the furniture to come, the sports practitioner must be informed by them to proceed to their request of authorization to use the therapeutic according to international standard of µ s authorization to use the therapeutic Nanny and µ s determination of the Adopted. 4-the request referred to in the previous number is directed is the International Federation when it comes to sports practitioners of international level or when a practitioner intends to participate in a competition the international sports. 5-in cases not included in the previous number, the request is directed is Adopted. 6-non-compliance with the obligations arising under this article µ s by the entities referred to in paragraph # 1 Â does not constitute, by themselves, cause ³ of deletion of any fault of the sports practitioner, without prejuÃ zo the disciplinary, civil or criminal responsibility incurred. 7-the violation of obligations µ s mentioned in this article by a physician or pharmacist is necessarily reported to the respective professional bodies. Article 11. Â° review and appeal of the decision of the CAUT 1 µ-LOVE has the right to review all µ s decision of CAUT.
U.S. PRESIDENCY of COUNCIL of MINISTERS 19 19 2-the sports practitioner has the right to appeal the decision of the CAUT µ in accordance with the principles defined in International Standard princÃ of µ s authorization to use therapeutic. 3-the tramitaÃ of appeal must comply with the following principles and rules: princÃ) hearing in a timely manner; b) Impartiality and independence of; c) cell decision lere, duly substantiated in writing. 4-the appeal referred to in the previous number is directed to the President of the Adopted within 48 hours maximum, must promote the Constitution of a Tripartite Commission with the following composition: a) an element designated by order of the doctors, who chairs; b) an element designated by CAUT; c) an element designated by the practitioner. 5-the Commission referred to in the previous number shall decide on the appeal within maximum two days of your Constitution. Article 12. Â º federal anti-doping Regulation 1-The Federation of µ s sports are required to adapt your control regulation of doping:) is 's rules laid down in this law and other regulatory is applicable; b) is 's norms established within the framework of µ s Convention on doping in sport international of which Portugal is a party or is party; c) is 's rules and µ s orientation established by the AMA and its Federation of international sports µ s. 2-the regulation of doping control is registered with the Adopted.
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20 3-failure to comply with the provisions of the previous numbers implies, as long as the failure persists, the impossibility of the Federation is µ s are of benefit to be sporting any sort of public support, without prejuÃ zo other Rufous of µ s to apply. 4-The professional leagues, when any, apply to µ s competition who organize the regulation referred to in paragraph 1. ' Article 13. Â º PrincÃ general principles of federal anti-doping regulations In drafting the Federal doping control regulations shall be observed the following principles: princÃ) the doping control can be done either in µ s sporting competition outside of these, and should be promoted, as a rule, without notice, in particular in cases of out-of-competition controls; b) doping control can be carried out either in the µ s competition that do am part of national championships in the other competition µ s in the scope of each modality ¢; c) all those who violate the rules is confidentiality of doping control procedure must be applied Rufous of µ s; d) the selection of sports practitioners to submit to checks, no prejuÃ zo other criteria formulated in general terms and abstract, or the sujeiÃ of the control of practitioners whose behaviour in competition or out of this, malo has been ³ dwarf the viewpoint physician or sports, must be made by drawing lots; and The practitioner and other) sports agents indicted for the infringement of the regulations must be assured the audience and defence.
U.S. PRESIDENCY of the COUNCIL of MINISTERS 21 21 Article 14. º ³ River required content of federal anti-doping regulations 1-The Federal doping control regulations shall contain, inter alia, the following matter: a) defining the needs of the competitive frameworks on whose evidence can carry out the control, as well as the circumstances in which will place control out of competition; b) definition of methods of selection of sport practitioners to submit every action; c) of the definition of µ s disciplinary penalty applicable to those responsible for the violation of anti-doping rules, whether it's sports practitioners and the support staff to sports practitioners; d) of the definition of µ s disciplinary penalty applicable to those involved in the doping control procedure which violates the obligation of confidentiality; e) TramitaÃ of the survey procedures and discipline intended to punish the officers responsible for the violation of anti-doping regulations, with indication of the means and instances of appeal, ensuring also that the entity responsible for the instruction procedure is distinct from that which is the disciplinary decision; f) definition of cases in which are penalized clubs or societies ³ dwarf NIMA sports, on the basis of violation of anti-doping rules of the respective elements, as well as the determination of the Rufous of µ s applicable.
U.S. PRESIDENCY of the COUNCIL of MINISTERS 22 22 2-In application of the Rufous of µ s to sports practitioners and your support staff, the Federation is µ s sporting must take into consideration all mitigating and aggravating circumstances, in accordance with the recommendation µ s defined in the world anti-doping CODE ³ say. Article 15. Â º Co-responsibility of the sports practitioner support staff 1-Without prejuÃ zo article 10. º, in particular to doctors and paramÃ doctors who follow directly the sports practitioner to ensure that this refrain from any form of doping, and may not, in any way, hinder or prevent the conducting of a doping control. 2-Equal obligation lies, with the necessary adaptation µ s, on the other support staff to the sports practitioner, as well as on all who stay with this a relation of hierarchy or orientation. 3-the obligation referred to in the previous numbers includes the duty to clarify the sports practitioner about the nature of any substances or methods which are administered and to keep it informed of they are banned, and its aftermath, as well as references, in the framework of their competence ¢, take all the appropriate references to advise against Providence and prevent your use for part of that. 4-in the case of trainers and health professionals, the obligation referred to in the previous numbers includes the duty to inform the Adopted on sports practitioners in relation to which they suspect may be using substances or prohibited methods.
HOOD TITLE II U.S. PRESIDENCY of COUNCIL of MINISTERS 23 23 anti-doping Authority of Portugal Article 16. Â º Nature and mission 1-the Anti-Doping Authority of Portugal (Adopted) works with the Institute of sport in Portugal, I. P., and is the Organization anti-doping national with µ s role in monitoring and in the fight against doping in sport in particular as an entity responsible for adopting the rules with a view to triggering, implement or apply any phase of the doping control procedure 2-Adopted collaborates with national and international bodies with responsibility in the fight against doping in sport. Article 17. Â° territorial jurisdiction to Adopt, while the national organization responsible for control and the fight against doping in sports, exercises its competence on national territory by ³ River experiences and, where requested by the AMA or Federation is µ s international, abroad. Article 18. Â° competency 1 substances-competes is Adopted: a) elaborate and implement the National Anti-Doping Program, heard the National Anti-Doping Council (CNAD); b) issue opinions and technical graphics cientÃ, µ s recommendation and warnings, including the procedures for the prevention and control of doping; c) Pay to the Federation is µ s technical support sports that for these requested, either in drafting or in the application of the respective regulations of U.S. PRESIDENCY COUNCIL anti-doping 24 24; d) comment on the drafting of legislation on the fight against doping in sport, heard the CNAD; and an opinion binding on) the fight against doping in Sport adopted by the Federation is µ s status holders sport utility sports public, heard the CNAD; f) proceed to reception of µ s request of authorization to use the therapeutic of substances or prohibited methods, by its submission to the Committee for authorization to use therapeutic (CAUT), as well as establish the procedures inherent in the system of authorization of use therapeutic does national level; g) Study, in collaboration with the entities responsible for education and sport area, pedagÃ ³ gicos plans, including information campaigns and education, in order to raise awareness of sport practitioners, their support staff and young people in General to the dangers and unfairness of doping; h) Studying and proposing appropriate legislative and administrative measures is combating doping in General and control of the production, the marketing and the traffick ilÃ quote of substances or prohibited methods; I) Study and suggest the measures aimed at the coordination of national programmes for the fight against doping with the µ s orientation of LOVE, as well as the fulfilment of the obligation arising from µ s µ s Convention concluded by Portugal in the same Ã ¢ scope; j) Propose the financing of research programmes in the framework of the fight against doping, in particular sociolÃ ³ gicos, behavioral studies, jurÃ, and ethical to beyond research in medical areas, and physiological ³ analog logic;
U.S. PRESIDENCY of COUNCIL of MINISTERS 25 25 l) Issue recommendation µ s General or specific on procedures for prevention and control of doping, addressed to entities that are part of the sports associations and sports practitioners and support staff; m) Determine and instruct the conducting of investigation © extraordinary rites and the inherent in doping controls whenever you receive or re-use in strong industry cios of usual practices or doping continued by some sports or your practitioner support staff; n) Review, override or repeal the decision µ s archiving, wrench or sentencing is handed down by the judicial bodies ³ Ã of the Federation is µ s sports, checked your not conformity with the provisions of this law; the) Provide the services requested by other entities, domestic or foreign, in the framework of the fight against the doping in sport; p) monitor the participation technique through different national international instances with responsibility in the fight against doping in sport; q) assess the risks of new substances and methods, heard the CNAD. 2-the investigation referred to in nea m) of the previous number shall respect the principles of ethics princÃ internationally recognized, prevent the administration of substances and doping methods to sports practitioners and be held only if there are assurances that there is an abusive utilization of results for doping purposes.
Article 19. Â º PrincÃ guiding the principles Adopted in the exercÃ heat of your mission, governed by the principles of independence of princÃ cientÃ is, the precauÃ, the credibility and transparency and confidentiality.
U.S. PRESIDENCY of COUNCIL of MINISTERS Article 20 26 26. Â° cooperation with other entities 1-Adopted and other services, bodies or entities with µ s function of prevention and the criminal or administrative repressÃ or µ s function of administrative authority shall cooperate in the exercÃ heat of their respective competence, using the legally appropriate mechanisms. 2-The public bodies should pay is Adopted the collaboration what is requested, in particular in technical area-expert. Article 21. Â° Ã body and 1-services are the bodies of ³ Adopted: a) President; b) Executive Director. 2-are the services of Adopted: a) ³ River Laboratory of doping analysis (LAD); b) anti-doping Programme support structure (ESPAD); c) Office JurÃ dico.
3-the body referred to in ³ in nea) n. Â° 1 is appointed by order of the Member of Government responsible for the area of sport. 22. Article 1-the President Adopted is headed by a President equated, for all legal purposes, the Office of the U.S. PRESIDENCY of the COUNCIL of MINISTERS 27 27 superior direction of 2. Â° degree. 2-the President: a) Represent the Adopted with any institution µ s or national or international bodies; b) Direct, coordinate and guide the services, as well as approve the regulations and standards of execution required to your proper functioning; c) approve and submit the plan and report superiorly ³ River annual activities Adopted; d) Submit is approval of the competent authorities the budget and the annual accounts of the Adopted; and) Decide and propose the rental and purchase of goods and services in the scope of their competence ¢ references; f) approve, on the advice of the Executive Director, the µ s recommendation and warnings that link to the Adopted; g) exercise the other powers that be assign of the other is ³ body the and services.
Article 23.-1 paragraph Executive Director the Executive Director is accountable: a) For administrative services;
U.S. PRESIDENCY of the COUNCIL of MINISTERS 28 28 b) For quality management, c) for the management of the National Anti-Doping Program; d) for the management of results; and) for the management of medical JurÃ Office; f) By the information system about the location of sports practitioners. 2-the Executive Director is, for all legal purposes, position of the direction using of 1. Â° degree. Article 24. Â º ³ River Laboratory of doping analyses 1-The scope of the Anti-Doping Authority ¢ of Portugal works the LAD, with technical autonomy and cientÃ is, to which competes:) perform the analyses relating to doping control, national or international level, if required; b) perform the bioquÃ analyses micas and the like designed to support the action taken by institutions and µ s competent authorities in preparation of practitioners, particularly the high yielding, and collaborate in µ s action of collecting required;
c) executing in the scope of their competence ¢, the protocols concluded among the IDP, i. p., and other institution µ; d) Collaborate in action µ s of training and research in the scope of doping ¢; and other) µ s function that you are committed.
U.S. PRESIDENCY of the COUNCIL of MINISTERS 29 29 2-the LAD is directed by a coordinator cientÃ get recruited from among individuals, domestic or foreign, of recognized methods or technical cientÃ rite, having academic qualification of µ s © micas and with proven professional experience, in particular, among teachers and researchers, linked or not management public. 3-I'm cientÃ Coordinator is designated, in Committee service, by the Member of Government responsible for the area of sport, shall be applicable, with the necessary adaptation µ, the remuneration scheme of the guest investigator, staff of research cientÃ is referred to in article 36, paragraph 3 Â. Â º of the Decree-Law n° 124/99. , 20 April. 4-the exception to the provisions of the last part of the previous number, the Coordinator cientÃ I get that is integrated in the University teaching career or career research is cientÃ, in which case the same is entitled to opt for the base compensation due in situation jurÃ dico-source functional that is constituÃ of indefinitely. 5-The Faculty of higher education university students and researcher referred to in paragraph # 2 Â apply the wrapping µ s laid down in the respective statutes of career related is delicate rendering of service in other µ s role public.
Article 25. Â º Structure of anti-doping Program 1-support the ESPAD works in dependency of the Executive Director, racing him: a) Ensure administrative services and logÃ users needed is implementation of the National Anti-Doping Plan, including the planning and conducting of doping controls; b) Ensure the administrative management of results, Rufous of µ s and appeals;
U.S. PRESIDENCY of the COUNCIL of MINISTERS 30 30 c) Ensure the administrative management system of localization of sports practitioners for the purposes of doping control; d) Ensure the administrative management of the authorization system µ s to use therapeutic; and) run the programs and related educational information is the fight against doping in sport. 2-in the framework of the ESPAD ¢ work: a) the CNAD; b) to CAUT. Article 26. Â° National Anti-Doping Council 1-the CNAD is the ³ advisory body Adopted, competing him: a) an opinion prior, with binding force, as for the application by the Federation of µ s sports Rufous of µ s, arising from the use, on the part of practitioners, of substances especÃ stay, as such defined in the list of substances and Prohibited methods; b) issue opinions prior, binding, as atenuaÃ of the Rufous of µ s based on exceptional circumstances defined by the world anti-doping CODE ³ say; c) issue opinions prior, binding, as to the aggravation of the penalty of µ s based on exceptional circumstances defined by the world anti-doping CODE ³ say; d) Ensure other µ s function which are committed by law. 2-the CNAD is composed of the following elements: a) President of the Adopted, who chairs;
U.S. PRESIDENCY of COUNCIL of MINISTERS 31 31 b) Executive Director; c) a representative designated by the President of the Sports Institute of Portugal, i. p.; d) Director of the National Center of sports medicine; and) an expert, medical doctor, indicated by the Committee © Hello mpico of Portugal; f) expert, medical doctor, indicated by the Committee © ParalÃ mpico of Portugal; g) an expert, medical doctor, indicated by the ConfederaÃ of the Sports of Portugal; h) A representative of the Directorate-General of health; I) a representative of the National Institute of Pharmacy and Medicine; j) a representative of the drug Institute and the ToxicodependÃ; l) a representative of the Police, Judicial; m) A former high performance sports to designate by the Member of Government responsible for the area of sport; n) a representative designated by the is the Government body ³ own ³ of each autonomous region ³ noma. 3-the CNAD gathers ordinarily once a month and, extraordinarily, whenever called by the President, for your initiative or at the request of one third of its members. 4-the CNAD may request the opinion of other national or international experts whenever it deems necessary. 5-the term of Office of the members of the CNAD has duration of three years, renewable for equal U.S. PRESIDENCY of COUNCIL of MINISTERS 32 32 perÃ odos. Article 27. Â° Commission authorization to use therapeutic 1-CAUT ³ is the body responsible for review and approval of µ s authorization to use therapeutic. 2-competes is: CAUT) review and approve the µ s authorization to use therapeutic; b) other µ s function which are committed by law. 3-CAUT is comprised of five licensed materials in medicine, with the relevant services in the area of the fight against doping in sport and in sports medicine. 4-graduates in medicine referred to in the previous number are proposed to the President of the Adopted by the Chief Executive and appointed by the Member of Government responsible for the area of sport, which means also your President. 5-three of the graduates referred to Â° 3 cannot, in simultaneous, integrate the CNAD. 6-the CAUT decides according to the criteria and rules defined in the international standard of authorization to use the therapeutic nanny. 7-the term of Office of the members of the CAUT has duration of three years, renewable for equal perÃ odos Article 28. Â° guarantees of members of the CNAD and the CAUT is guaranteed to the members of the CNAD and the CAUT, who are not representatives of public entities, the right for participation in µ s meeting, the passwords of presence in amount and µ s condition to be determined by joint decree of the Minister of finance and the U.S. PRESIDENCY of the COUNCIL of MINISTERS 33
33 member of the Government responsible for the area of sport. Article 29 º pedagÃ ³ Programs Â gicos the programmes referred to in article 18, nea g). shall provide updated information and correct on the following matter: a) substances and methods included in the list of substances and Prohibited methods; b) Aftermath of doping experiences on health; c) doping control procedures; d) nutritional supplements; e) rights and responsibilities of sport practitioners and support staff in the framework of the fight against doping. HOOD TITLE III Article 30 doping control. Â º Doping Control in competition and out of competition 1-sports practitioners, as well as those who are covered by the prohibition of doping as defined in article 1. º, participating in µ s sports competition officers, regardless of your nationality, are required to submit to doping control pursuant to this law and legislation. 2-the provisions of the previous number shall apply to checks out of competition, particularly with regard to sports practitioners who are under high competition and the respective action µ s control process without warning U.S. PRESIDENCY of the COUNCIL of MINISTERS 34 34 prior. 3-in the case of minors, the Act of subscription, the Federation of the sport should require the authorization thereof who exercises parental authority or holds custody about the same the authorization for your sujeiÃ to doping controls in competition and out of competition. Article 31. Â º conducting doping controls 1-consists of a control operation of collection of sample or samples of the sports practitioner, simultaneously saved or stored in two containers, designated A and B, for laboratory examination. 2-control of alcohol is carried out through the method of expiratÃ parsing ³. 3-the operation of collection is performed in accordance with the law and her watch, trying to, the physician or delegate of the clubs that belong am practitioners or, in your absence, who these indicate for this purpose. 4- referred to operation can still watch, a representative of the respective Federation of sports or professional League and, if necessary, a translator. 5-doping controls are carried out in accordance with the procedure laid down in this law and legislation supplement and according to the international standard of control of LOVE. 6-Fit the respective Federation is µ s status holders sports public utility, in particular is the Equestrian Federation, the conducting of action µ s alternative control of animals taking part in µ s sports competition, in accordance with the rules of their International Federation. 7-The Federation of µ s referred to in the previous number shall report is Adopted, to the numerous heat of era, the program of action µ s to bring to pass, as well as the U.S. PRESIDENCY of the COUNCIL of MINISTERS 35 35 result. Article 32. Â º µ action es 1 control-the conducting of action µ s control processes according to what is set by the Adopted and, in particular, in accordance with the regulations referred to in article 11. º-2 Can also be performed action µ s doping control in the following cases: a when the President Adopted) so determine; b) By request of the Committee © Hello mpico of Portugal or ParalÃ © Committee mpico of Portugal; c) where requested, in the framework of agreements concluded on this matter with other µ s anti-doping organization and with LOVE, or in compliance with the obligations arising from µ s µ s Convention concluded by Portugal in the same Ã ¢ scope; d) the request of entities promoting a demonstration sport is not framed in the Ã ¢ scope of federated sport, in terms to be determined by order of the President of the Adopted. 3-are carried out action µ s doping control in relation to all sports practitioners who are included in the target group of sports practitioners to submit to monitoring of Adopted, in particular the integrated high performance regime and those who do am part of selection is µ s. 4-The Federation of µ s sporting must undertake the necessary references diligÃ to the sports scores considered as national records not be approved without sports practitioners that have obtained have been subjected to doping control in the competition or, in case of justified impossibility, within 24 hours.
U.S. PRESIDENCY of COUNCIL of MINISTERS Article 33 36 36. Â° responsibility for collection and transport of samples and analog procedures ticos 1-it is the ESPAD ensure the collection of sweet organic wool nico in action µ s doping control and ensure their conservation and transport of samples until your arrival at the respective laboratory Ã ³ anti-doping River. 2-the laboratory examinations required to doping control are carried out in the laboratory or ³ LAD rivers accredited by anti-doping LOVES, whenever Adopted so determine. 3-the laboratory examination comprises: a) parsing is sample contained in the container (first review); b) parsing is sample contained in the compartment B (second review), when the result of the analysis mentioned in the previous points the nea also practice an infringement of an anti-doping standard. c) Other complementary examinations, to be defined by the Ado. Article 34. Â° notification and analysis of the sample B 1-Indicted a violation of anti-doping rules in the analysis of the sample, the Federation of the sport that belong to the same holder is notified by the 24 hours of Adoption. 2-the Sports Federation notified inform the holder of the sample and your club, in the 24 hours following, expressly mentioning: a) the positive result of the sample; b) the possibility of the sports concerned require the practitioner conducting the U.S. PRESIDENCY of the COUNCIL of MINISTERS 37 37 analysis of the B sample; c) the day and time for the eventual completion of the B sample analysis, proposed by the anti-doping laboratory ³ River that carried out the analysis of the sample; d) College of the practitioner concerned or the Sports Club present or your make represent at the time of B sample analysis, as well as to appoint experts to monitor the conducting of this diligÃ.
3- s µ s notification referred to in this article shall apply, in the alternative, the provisions of the Administrative Procedure CODE ³. 4-the Sports Federation notified may also be represented at the time of B sample analysis and, if necessary, appoint a translator. 5-time limits for conducting the analysis of the B sample and µ s notification referred to in the previous numbers are set by regulatory diploma. 6-when required, the analysis of the sample B the cost of parsing, if this proves to be positive, are the responsibility of the holder of the sample to be subjected to analysis. 7-when required the analysis of sample B, the aftermath sports and disciplinary experiences are ³ will be triggered if your result is positive, confirming the content of the analysis of the sample A, and all those involved in the process to maintain the strictest confidentiality until such confirmation is obtained. Article 35. º complementary exams 1-beyond the provisions of the preceding article, where the industry cios positivity detected in a sample can be assign of the physiological causes malformations or ³ ³ gicas gicas, the results should be directed to CNAD, for drafting a report to be submitted ³ River U.S. PRESIDENCY of COUNCIL of MINISTERS 38 38 is Adopted, which shall decide on the existence or not of a violation of the anti-doping rules. 2-The intervention of the CNAD must be notified is Federation of sports and the sports practitioner sample holder, which is obliged to submit to exams that are certain, incurring, if not the make, the Rufous of µ s threatened to refuse to doping control.
3-to is the decision referred to in paragraph 1, ' all concerned should keep the most strict confidence. Article 36. Â º preventive suspension 1 Sports Practitioner-the sports practitioner in relation to which the result of the check is positive, the first analysis or after analysis of sample B, when required, is suspended pre-emptively to be given the final decision of the process by the respective Federation, except in cases where it is determined by the Adopted the conducting of additional tests. 2-the preventive suspension referred to in the previous number inhibits the practitioner to participate in competition µ s or sporting events, and odo perÃ already fulfilled be discounted in perÃ odo of suspension applied. HOOD TITLE IV protection of data SECTION is I databases and responsibility Article 37. Â° 1-databases For the effective fulfillment of your mission and competence, the Adoption may proceed U.S. PRESIDENCY of the COUNCIL of MINISTERS 39
39 to the processing of data relating to: a) µ s authorization to use therapeutic; b) µ s information about the location of sport practitioners; c) management of results; d) longitudinal profile of analog ticos results organic samples. 2-the data and information relating to the control and µ s is the fight against doping in sport can only be used for these purposes and for the application of penalty of µ s in cases of ilÃ criminal offences or disciplinary, quote. 3-the data controller shall take place transparently and in strict respect for the private life, as well as the fundamental rights, freedoms and guarantees. 4-the contents of each of the databases is set by the Adopted, by prior consultation via the National Committee of protection of data. 5-the responsible data controller is the President of the Adopted. Article 38. Â º Responsibility in exercÃ cio µ s role public 1-people who play µ s function in doping control are subject to the duty of confidentiality regarding matters that meet am in reason of your activity. 2-Without prejuÃ zo the responsibility provided for in law especÃ is, the violation of confidentiality in the processing of personal data by the responsible or by any Manager, employee or agent of administration the public constitutes infringement of discipline. Article 39. Â° liability of the directors and staff of sports entities U.S. PRESIDENCY of the COUNCIL of MINISTERS 40 40 1-the leaders, members of disciplinary bodies the ³ and other personnel of the Federation of sports and µ s professional leagues that have µ s role in doping control are subject to the duty of confidentiality regarding matters that meet am in reason of your activity. 2-Without prejuÃ zo the responsibility provided for in law especÃ is, the violation of confidentiality in the processing of personal data constitutes infringement of discipline. is the SECTION II access, rectificaÃ and cessÃ of data Article 40. Â° rectificaÃ and access the right of access and rectificaÃ of personal data is governed by the provisions of law No 67/98 Â°, of 26 October. Article 41. Â° authorization to the data cessÃ the data and personal files relating to doping control can be disposed of in compliance with the obligations deriving from international commitments µ s assumed by the State and law nº 67/98 of 26 October, the public and private entities involved in the fight against doping in sport. HOOD TULO V sancionatÃ ³ SECTION River Scheme is I wrapping General Article 42 µ '° ExtinÃ of the U.S. PRESIDENCY responsibility of COUNCIL of MINISTERS 41 41 1-the master recipe of the criminal procedure is governed by the provisions of the Criminal CODE ³ say.
2-the administrative and disciplinary procedure shall cease, the effect of the master recipe as soon as on the date on which the violation has within eight years. SECTION is the II IlÃ I quote Article 43 criminal. Â º traffick of substances and prohibited methods 1-Who, with intention of breaking or violating anti-doping rules, and without is authorized, produce, manufacture, extract, prepare, provide, put for sale, sell, distribute, buy, assign or have tulo receive, provide to others , transport, import, export or transit or unlawfully holding substances and methods included in the list of substances and methods prohibited is punishable by prison sentence of six months to five years. 2-the attempt is punctures. Article 44. Â° management of substances and prohibited methods 1-Who administer to the sports practitioner, with or without your consent, substances or methods contained in the list of substances and methods prohibited, is punished with prison from six months to three years, unless there is an authorization of therapeutic use utico. 2-the penalty provided for in the previous number is exacerbated, in his anonymous method limits and maximum, to double, if: U.S. PRESIDENCY of COUNCIL of MINISTERS the 42 42) go tima in a situation of special vulnerability, in reason of the age, or deficiency disease; b) has been employed or intimidaÃ; c) the agent if you have prevailed in a relationship of hierarchical dependency, economic ³ mica, or professional. 3-the attempt is punctures. Article 45. Â° Association 1 criminal who promote, establish, join or support group, organization or association whose purpose or activity is directed is practice of one or more crimes provided for in this law is punishable by prison sentence of six months to five years. 2-Who lead or direct the groups organising µ or µ s associations referred to in the previous number is punished with the penalty it provided for aggravated a third on their anonymous method and maximum. 3-For the purposes of this article, it is considered that there is a group, organization or association, when is a set of at least three people acting in concert during a certain period of time perÃ. 4-the penalty can be specially mitigated or not take place the punishment, if the stop agent or strive seriously to prevent the continuation of groups, organisations or associations µ µ s or communicate is the authority your existence so this could avoid the practice of crimes.
U.S. PRESIDENCY of COUNCIL of MINISTERS Article 46 43 43. Â º criminal liability of legal persons and similar 1-legal persons and similar entities, including the sports authorities are responsible, in general terms, for the crimes provided for in this law. 2-the status of public utility or public sport utility does not exclude the criminal liability of legal persons. Article 47° DenÃ° Â ³ ria binding string holders, is ³ body and employees of the Federation is µ s or sports of the professional leagues, associations and groupings of µ clubs affiliated to them shall transmit to the Ministry remarkable public cia crimes provided for in this law that have knowledge in the exercÃ heat of its µ s function and because of them. SECTION is the III IlÃ I quote of mere social ordering Article 48. Â º Against-ordering of µ s-1 Is contra-ordenaÃ for the purposes of this law: a) the obstruction, the dilaÃ of the unjustified, the concealment and other conduct that, by action or default, impeÃ § am or disrupt the collection of samples in the Ã ¢ scope of doping control provided that the offender is not the sports practitioner; (b)) the change, fake or manipulation of any part of the doping control procedure;
c) the possession of substances or prohibited methods, either on the part of the practitioner U.S. PRESIDENCY of COUNCIL of MINISTERS sports 44 44 or by any member of your support staff, except when in possession of the authorization of therapeutic use utico therefor. 2-teams, clubs or societies ³ dwarf NIMA what sports belong am sporting practitioners be punished disciplinarily and that race µ s sports competition officers incur contra-ordenaÃ by each sports practitioner who commits a violation of an anti-doping standard. 3-the provisions of the previous number is not applicable in the case of the team, Club or society ³ dwarf nima sports prove that the conduct or behaviour of the sports practitioner was your sole responsibility. 4-the trial and the negligÃ the are punctures. 5-in the case of negligÃ, the anonymous method limits and the maximum fine applicable is reduced to half. Article 49. Â° Fines 1-Is very contra-ordenaÃ serious, punishable by a fine between â € â € 10000.00 3500.00 and , the practice of acts laid down in in the neas) c) of paragraph 1 of the preceding article # Â. 2-Is the contra-ordenaÃ serious, punishable by a fine between â € â € 3500.00 2000.00 and , the check to Â° 2 of the previous article, in the case of teams, clubs or societies ³ dwarf NIMA sports race competition µ s sports professional nature. 3-Is the contra-ordenaÃ light, punishable by a fine between â € € and 500.00 2000.00, check the provisions of the preceding article, paragraph 2 Â when it comes to teams, clubs or societies ³ dwarf NIMA sports race competition µ s non professional sports. 4-teams, clubs or societies ³ dwarf NIMA in sports is sports day, or two times consecutive, sports have two or more U.S. PRESIDENCY of the COUNCIL of MINISTERS 45
45 sports practitioners disciplinary punished by commit violation µ s anti-doping standards are applicable fines laid down in previous high numbers to double on their anonymous method and maximum. Article 50. Â° determination of the extent of the fine 1-the determination of the extent of the fine, within limits, in function of the seriousness of the contra-ordenaÃ, the guilt, the economic situation ³ mica and benefÃ agent cio ³ economic mico or this sports withdrew from the practice of contra-ordenaÃ. 2-the attempt and the negligÃ are punctures ABLES with the reduction to half the line anonymous method and the maximum fine applicable. Article 51. Â º statement of the process and application of the fine 1-statement of the contra-ordenaÃ referred to in this law competes is Adopted. 2-the application of fines is the jurisdiction of the President of the Adopted. Article 52. Â° product of the fines the proceeds of fines reverts in 60% for the State and 40% to the Institute of sport in Portugal, i. p., that affects is Adopted.
Article 53. Â º Right subsidiaries to U.S. PRESIDENCY of the COUNCIL of MINISTERS 46 46 To contra-ordenaÃ processing of µ s and application of the corresponding penalty of µ s provided for in this law applies in the general scheme of the contra-ordenaÃ of µ s. SECTION is the IV IlÃ I quote Article 54. Â º disciplinary IlÃ is 1 ilÃ disciplinary citos quote discipline violation to handle the) i) consistent with paragraph 2 of article 3 º Â. Â°, as well as the violation of article 3 of the same provision number Â € cool. 2-the provisions in nea l) article 3. º is also ilÃ quote when the disciplinary offender is a sports practitioner, an element of your support staff or is registered in a Federation of the sport. 3-the attempt and the negligÃ are the punctures. Article 55. Â º DenÃ º in Case of Ã ¢ scope of survey or disciplinary proceedings provided for in this law, are established facts susceptÃ to indicate the practice of a crime, should be reported by the Adoption, by the respective Federation of sports or leagues to the Public Ministry.
Article 56. Â º Disciplinary Procedure the existence of industry cios of an infringement is s anti-doping rules automatically determines the opening of a disciplinary procedure by disciplinary body ³ U.S. PRESIDENCY of COUNCIL of MINISTERS Federal 47 47, suitable to determine the possible existence of involvement and the degree of comparticipaÃ by part of the support staff to the sports practitioner and, in particular, find out how to getting by the sports practitioner of substance or prohibited method. Article 57. Â° application of Rufous of µ s 1-disciplinary application of Rufous of µ s disciplinary proceedings provided for in this Act is committed is Adopted and is delegated to the Federation is µ s status holders sport utility sports public, who is also the statement of the disciplinary proceedings. 2-The Federation of µ s sports must have an instance of appeal, to which the agent sanctioned sports can appeal without suspensive effect, which should be a diverse and independent of the entity that signed in first instance. 3-communication of the infringement of the anti-doping rules and the application of the corresponding penalty of discipline can not mediate a period exceeding 30 days. 4-the Adopted can, at any time, challenge the application of the penalty of µ s discipline, as well as changing the µ s archiving decision, wrench or the sentencing given by ³ judicial body is a Federation sport, uttering the new decision. 5-The decision delivered by the Adopted appeal to the Court of arbitration for sport in Lausanne.
Article 58. Â º use of substances or prohibited methods 1-the use of substances and methods prohibited under the handle) and b) consistent with paragraph 2 of article 3 º Â. Â°, with other than the applicable to substances especÃ you're identified in article 59. Â°, Ã © sanctioned as follows: U.S. PRESIDENCY of COUNCIL of MINISTERS 48 48 a) in the case of a first infringement of the , the practitioner is punished with a penalty of suspension for a period of two to perÃ eight years; b) in the case of the second infringement, the practitioner is punished with a penalty of suspension for a period of 15 to 20 perÃ years. 2-in the case of attempt, the first infringement, the anonymous method limits and maximum, are reduced to half. 3-the provisions of the previous numbers shall apply is violation of to in neas f) and (g)) of the n. º 2 and article 3, paragraph 3 Â. Â° Â° 59 Article substances especÃ you stay 1-in the case of the use of substances especÃ stay, where the sports practitioner prove how the substance got into his body and your forbidden that your use is not aimed at increasing the performance or not had a mascarante effect, the Rufous of µ s laid down in the previous article are replace the by the following: a) in the case of a first infringement, the practitioner is punished with warning or penalty with suspension penalty up to one year; b) in the case of the second infringement, the practitioner is punished with a penalty of suspension for a perÃ odo of two to four years. 2-in the case of third infringement, the practitioner is punished with a penalty of suspension for a period of 15 to 20 perÃ years. Article 60. Â° suspension of the practitioner for other violation is µ s anti-doping standards 1-The sports practitioner to break the anti-doping rule contained in addition to nea i) of paragraph 2 of article 3 º Â. Â° Ã © a suspension of sporting activities from 8 to 15 years for the first infringement.
U.S. PRESIDENCY of the COUNCIL of MINISTERS 49 49 2-The sports practitioner who has had a first infringement for violation of anti-doping rules as a result of which he was punished with a suspension of sporting activity equal to or greater than 2 years is applied a suspension for a period between 15 to perÃ 20 years in the case of a second infringement to an anti-doping rule , any that is. 3-The sports practitioner who has had a first infringement for violation of anti-doping rules as a result of which he was punished with a suspension from the sport less than two years is a sportive activity suspension between four to eight years for a second infringement and a suspension for a period between 15 to perÃ 20 years in the case of a third infringement. Article 61. Â º Rufous § Is µ s to support staff to the sports practitioner 1-The sports practitioner support staff that violate anti-doping rules described in addition to neas and), h) and (i)) of article 3, paragraph 2 of article Â. Â° Ã © a suspension of sporting activity for a perÃ odo of two to four years, to the first infringement. 2-For the support staff of the sports practitioner for health professional the Rufous of the described in the previous point is exacerbated, in his anonymous method limits and maximum, to double. 3-The sports practitioner's support personnel that violate anti-doping rules described in in neas j) and l) of paragraph 2 of article 3 º Â. Â°, as well as the number 4 of the same article, it is a suspension of sporting activities from 8 to 15 years, for the first infringement. 4-The support staff of the sports practitioner to make a second infringement to any anti-doping rule It is a suspension for a period between 15 to perÃ 20 years of sporting activity. Article 62. Â º U.S. PRESIDENCY of COUNCIL of MINISTERS 50 50 right to audience building via the sports practitioner or other person has the right, in any case, before being applied to any suspension of sporting practice, to be heard in order to present their arguments in order to try to eliminate or reduce, in the case of a second or third infringement of µ s the penalty to apply, in accordance with the provisions of articles 59 and 60 Â. Â° Article 63. Â º elimination of or reduction of the period of suspension perÃ based on exceptional circumstances. 1-the application of any penalty of less than a suspension of sporting activity of two years has to be preceded, for the purposes of approval of the same, prior opinion issued by Adopted. 2-the Adopted after ³ s consultation of the CNAD, your decision is based on the facts of each case, in particular the type of substance or method concerned, inherent risks is sport in question, the collaboration in the discovery of how the anti-doping rule was violated and the degree of guilt or negligÃ.
Article 64. Â º Numerous perÃ of odo of suspension 1-perÃ period of suspension has numerous cio on the date of notification of the disciplinary decision of first instance 2-Any perÃ period of preventive suspension, or tax or want to accept voluntarily, is deducted in odo total perÃ suspension. 3-based princÃ Pius of fairness, in the case of existence of delays in the process of instruction or other doping control procedures not to be imputÃ to the sports practitioner, the instance to apply the penalty can declare as date of U.S. PRESIDENCY of COUNCIL of MINISTERS 51
51 numerous perÃ of odo of suspension a earlier date, you can withdraw up to date of sampling. Article 65. Â º Status during the period of suspension perÃ 1-Who has been the subject of the application of a penalty of suspension cannot, during the period of the entire duration perÃ, participate in that quality is, in a competition or sporting event. 2-Exceptional-if the provisions in number prior to participation in authorized programs of formation and anti-doping programs of rehabilitation approved by Adoption. 3-A sports practitioner subject to perÃ period of suspension of more than four years may, after ³ s comply with four years of the period of suspension perÃ, participate in contest µ s or local sporting events of a form other than that in which it was committed the violation of anti-doping rule, but only since it does not have a competitive level that can qualify directly or indirectly, to compete or to accumulate points to be able to compete in a national championship or a competition or international sporting event. Article 66. Â º control of rehabilitation to get 1 your eligibility at the end of the period of suspension perÃ applied, the sports practitioner must, throughout the period of perÃ preventive suspension or suspension, available to perform doping controls out of competition on the part of any anti-doping organization with jurisdiction for conducting doping controls and as well as when requested for that purpose, provide correct information and updated about your location. 2-If a sports practitioner subject to a period of suspension perÃ retires from sport and is removed from the target groups of controls out of competition and later requires your U.S. PRESIDENCY of the COUNCIL of MINISTERS 52 52 rehabilitation This can only be granted after that notify the practitioner µ s anti-doping organization competent and have been subject to doping controls out of competition for a period of time equal to perÃ perÃ odo of suspension which was still meet date in which retired. Article 67. Â° integrated Practitioners in high yield system when it comes to sports practitioners within the high performance system, disciplinary penalties are accompanied by the following penalty of µ s ³ Accessories: the) suspension of integration in the system of high yield for a period of two years, or for the duration of the penalty is applied, the first infringement; b) Cancellation of the quoted system, in the second infringement.
Article 68. Â° communication of Rufous µ s is applied and registration 1-for the purposes of registration and organization of individual process, the Federation is µ s sporting communicate is Adopted, within eight days, all µ s decision handed down in the doping control framework ¢, regardless of whether the same can be susceptÃ available. 2-The Federation of sports should also communicate µ s is Adopted that controls sports affiliated practitioners in their territories were subjected in mode ³ national river or abroad. 3-the Adopted must, to the numerous cio of its era, communicate the Federation is µ s sporting the list of practitioners who are fulfilling perÃ odo of suspension referred to in article 64. Â º U.S. PRESIDENCY of COUNCIL of MINISTERS 53 53 4-all Federation is µ s animals participating in sports competition in particular the Federation of Portuguese Equestrian should report is Adopted the checks carried out and the results thereof. SECTION is V Rufous of µ s ³ rias accessories sports Article 69. Â º invalidation of individual results 1-the violation of anti-doping rules in the scope of a control in competition automatically leads is invalidation of the individual result obtained in that competition with all resulting consequence hence references, including the removal of any medals , points and prizes. 2-the violation of anti-doping rules to elapse during a sporting event, upon decision of the entity responsible for organisation, is invalidation of all individual results obtained by the sports practitioner during it, including the loss of all medals, points and prizes. 3-the provisions of the previous number does not apply if the sports practitioner to demonstrate that the infringement in question not been any wrongful or negligent conduct of your part. 4-the invalidation of the results referred to in paragraph Â° 2 shall also apply in cases where, although demonstrated the absence of guilt or negligÃ, the results of the sports practitioner other µ s competition the same sporting event, which is not that of the infringement of the anti-doping regulations, have been influenced by this. Article 70. º Purpose for teams, clubs or societies ³ dwarf NIMA U.S. PRESIDENCY of the sports COUNCIL of MINISTERS 54 54 1-If more than a practitioner of a team, Club or society ³ dwarf nima sport has been notified of the possibility of the violation of anti-doping rules in the scope of a sports competition, the team should be made subject to a targeted control. 2-If it is established that more than a practitioner of a team, Club or society ³ dwarf nima committed a sports violation of anti-doping rules during a sporting event, can the entities behind mentioned be disqualified or be subject to other disciplinary measure.
Article 71. Â° Annulment of results in µ s competition held after ³ s the collection of samples for in addition to the provisions of article 69. Â°, all other sporting results achieved results from the date of the positive sample was collected in competition outside of competition, or that there were other violation µ s anti-doping rules , are cancelled with all resulting consequence hence references to the numerous cio of preventive suspension or suspension, unless other treatment issues µ s required by fairness. HOOD CHAPTER VI wrapping final µ Article 72. Â° mutual Recognition Without prejuÃ zo resource law, the Adopted recognizes and respects the checks, the µ s authorization to use the therapeutic and the results of the hearing µ µ s or other final decision of any anti-doping organization or organization responsible for a competition or U.S. PRESIDENCY of COUNCIL of MINISTERS 55 55 sporting event that are in accordance with the world anti-doping CODE ³ say and their competence. Article 73. Â º Committee © Hello mpico of Portugal and ParalÃ © Committee of mpico Portugal articles 12. º the 14. Â° Â° 39 and is applicable, with the necessary adaptation µ, the Committee © Hello mpico of Portugal and the ParalÃ of Portugal mpico © Committee.
Article 74. Â° professional leagues professional constituÃ of alloys under the law can exercise, by delegation, the powers in this Act are committed to Federation of µ s sports, in terms that are set out in the contract referred to in article 23. Â º of law No. 5/2007 Â, of 16 January. Article 75. Â º the Regulatory rules for executing the present law regulation are established by order of the Member of the Member of Government responsible for in the area of sport. Article 76. Â° Provisions of the transient ³ ria 1-the adaptation of the Federal regulations or of the professional leagues to the provisions of this Act is made within 120 days from the date of entry into force of this law. 2-the regulations referred to in the previous number are registered with the Adopted.
U.S. PRESIDENCY of the COUNCIL of MINISTERS 56 56 3-until is conducting of the said registration, the Rufous of µ s applicable to sports practitioners and other offenders are the constants of the Federal regulations that are in force and that, to that end, are recorded in the CNAD. Article 77. Â º revogatÃ ³ Standard ria are revoked, the Decree-Law No 183/97 Â°, of July 26, law No. 152/99 ' of September 14, the Decree-Law Nr 192/2002, of 25 September, and the article 5. º of the Decree-Law No. 390/91 Â, of 10 October.
Article 78. Â º entry into force this law shall enter into force on the day following your publication.
Seen and approved by the Council of Ministers of 7 November 2008 the Prime Minister the U.S. Presidency Minister of Parliamentary Affairs Minister U.S. PRESIDENCY of COUNCIL of MINISTERS 57 57
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