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Proposal for Law No 53 /XII

Exhibition of Motives

Considering the importance of harmonizing the efforts put in the fight against the

doping, as well as to establish a legal framework that would allow states to have

of the means and measures to eradicate doping from sport and considering that the

International Convention against Dopping in Sport and its annexes have been adopted

unanimously, was approved, through the Decree No. 4-A/2007 of March 20, the

International Convention against Dopping in Sport and its Annexes I and II, adopted

by the 33 th session of the General Conference of UNESCO on October 19, 2005.

Article 4 of the International Convention against Dopping in Sport that, " in order to

of coordinating the effectivation, at the national and international level, of the fight against doping in the

sport, the States Parties undertake to respect the principles set out " in the

World Anti-Doping Code, instrument considered absolutely fundamental in the

harmonization of the rules necessary to combat the scourge of doping.

Law No. 27/2009 of June 19 laid down the legal regime of the fight against doping in the

sport, adapting some of the provisions set out in the revised version of the Code

Anti-doping world, so as to standardize national legislation with the changes

introduced in this paper in 2007.

However, some principles and provisions considered fundamental in the fight against the

doping in sport has not been included in the adaptation of national legislation, being certain

that it is imperative to ensure that sport is, increasingly, a school of virtues and

continue to represent an instrument of excecional effectiveness in the education and training of the

citizens, especially of the younger ones.

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To defend the sport and everyone who is looking for it, or in a high perspetive

income, whether only for physical, psychic and social well-being, it is imperative to take

determined and up-to-date measures in combating doping, which in itself would justify the

need for revision of the constant legal regime of Law No 27/2009 of June 19.

In addition, the adoption in the internal legal order of the World Anti-Doping Code is

determining condition, whether of the effective combat by the sporting truth, or the

maintenance of Portugal on the route of major international sporting events.

Taking advantage of some rules that are contained in the current legal regime of the fight against the

doping in sport, the present proposed anti-doping law in sport adopts the

principles and structuring provisions of the World Anti-Doping Code, dotting Portugal

of a valid and effective instrument in the combating of doping.

By comparison with the one with the Act No. 27/2009 of June 19, the new scheme

presents innovative and harmonized solutions with the World Anti-Doping Code.

On the one hand, the new regime updates the definitions of Law No. 27/2009, of June 19, of

mode to adapt them to the constants of the World Anti-Doping Code.

On the other hand, the new regime introduces, in accordance with the World Code

Anti-doping, rules in the matter of proof of doping and the sanctionatory regime,

considered absolutely fundamental in a perspetive of harmonisation of the rules of

combat doping.

On the other hand still, in the new regime vanishes the possibility, provided for in the Act

n 27/2009 of June 19, of the Anti-Doping Authority of Portugal avocating the application

of the disciplinary sanctions, as well as to amend the decisions for archiving, acquitality or

conviction handed down by the jurisdictional body of a sports federation, prowling

new decision.

Finally, the new regime provides for the resortability to the Arbitral Tribunal of Sport

of the decisions of federative disciplinary bodies, or of the Anti-Doping Authority of

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Portugal, which entail a disciplinary procedure.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Object

This Act passes the anti-doping law in sport, adopting in the internal legal order the

rules set out in the World Anti-Doping Code.

Article 2.

Approval of anti-doping law in sport

It is approved in annex to this Act, of which it is an integral part, the anti-doping law in the

sport.

Article 3.

Transitional standards

1-A adaptation of federative regulations or professional leagues to the provisions of law

anti-doping in sport, approved in annex to this Law, is effected within the period of

120 days from the date of entry into force of this Law.

2-The regulations mentioned in the preceding paragraph are registered in the Authority

Anti-doping of Portugal (ADoP).

3-Until the creation and operation of the Arbitral Tribunal of the Sport, the imputation of the

decisions for the application of fine or disciplinary sanction is made to the court

competent administrative.

Article 4.

Abrogation standard

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It is repealed the Act No 27/2009 of June 19.

Seen and approved in Council of Ministers of April 5, 2012

The Prime Minister

The Deputy Minister and Parliamentary Affairs

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Attachment

(referred to in Article 2)

Anti-doping law in sport

CHAPTER I

General provisions

Article 1.

Object

The anti-doping law in sport is passed.

Article 2.

Definitions

For the purposes of this Act and other applicable law, it is understood to be:

a) " ADAMS ( Anti-Doping Administration and Management System ) ", the tool

informatics to register, store, share and report information, in a way

helping the Outorgants and the AMA in their activities related to the fight

against doping, while complying with data protection legislation;

b) "AMA", the World Anti-Doping Agency;

c) "Sample or organic sample", any biological material collected for

effects of doping control;

d) "Antidoping Authority of Portugal (ADoP)", the national organization

anti-doping;

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e) "Competition", a single race, a date, a game or a competition

specific sport, considering in proofs in stages and in other

sports competitions in which prizes are awarded, daily or from

interim form, that the distinction between competition and sporting event is the

indicated in the rules of the international sports federation concerned;

f) "Doping control", the procedure that includes all acts and

formalities, from the planning and distribution of controls to the decision

final, namely the information on the location of the practitioners

sports, the collection and handling of the samples, the analyses

laboratory, the authorisations of therapeutic use, the management of the results,

the hearings and the resources;

g) "Control", the phase of the doping control procedure that involves the

planning of the distribution of controls, the collection of samples, the

handling of samples and their transport to the laboratory;

h) "Directed control", the non-random selection for control of practitioners

sports or groups of sports practitioners;

i) "Control in competition", the control of the sports practitioner selected in the

scope of a specific competition;

j) "Out-of-competition control", any doping control that does not occur

in competition;

k) "Control without prior warning", the doping control carried out without

early knowledge of the sports practitioner and in which this is

continuously accompanied from the moment of notification to the collection of the

sample;

l) 'Collective sport', the sporting modality in which it is allowed to

replacement of players in the course of the competition;

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m) 'Individual Sport', the sporting modality that does not constitute a sport

collective;

n) "In competition", the period that starts in the 12 hours leading up to a

competition in which the sports practitioner will participate and that ends with the

final of the same and the sampling process, unless it is

defined in another way by the regulations of a sports federation

international or other responsible Anti-Doping Organization;

o) "Sports event", the organization that encompasses a number of competitions

individual and or collective that takes place under the aegis of the same entity

sports;

p) "International sporting event", the event in which the Olympic Committee

International, the International Paralympic Committee, a sports federation

international, the Organizations responsible for major sporting events

or other international sports organisation constitutes the responsible entity

by its realization or appoint the technical officers;

q) "National sporting event", the event involving sports practitioners of

national or international level and that does not constitute a sporting event

international;

r) "Target group of sports practitioners", the group of sports practitioners,

identified by each international sports federation and the ADoP, in the

framework of the anti-doping programme;

s) "Absence of guilt or negligence", the demonstration by the

sports practitioner of whom he did not know or suspect, and could not

reasonably knowing or suspecting, even acting with the utmost prudence, that

used or that it was administered a banned substance or used a

prohibited method;

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t) "Absence of guilt or significant negligence", the demonstration by

part of the sports practitioner that his or her guilt or negligence, when

analyzed in the set of circumstances and taking into account the criteria of

non-fault or negligence, was not relevant with respect to the

violation of the anti-doping standard;

u) "List of prohibited substances and methods", prohibited substances and methods

prohibited from the porterie referred to in Article 8;

v) "Manipulation", the amendment with an illegitimate end or illegitimate form; the

influence of an illegitimate form result; the intervention of illegitimate form

so as to change the results or prevent the realization of procedures

normal; the provision of fraudulent information to an Organization

Anti-doping;

w) "Marker", a compound, group of compounds or biological parameters that

would indicate the use of a prohibited substance or a prohibited method;

x) "Metabolite" means any substance produced through a process of

biotransformation;

y) "prohibited method" means any method described as such in the list of substances

and prohibited methods;

z) "International Standard", a standard adopted by the AMA as an element of

support for the World Anti-Doping Code;

aa) "Anti-Doping Organization", the entity responsible for the adoption of rules

with a view to triggering, implementing or applying any phase of the process of

doping control, including, specifically, the Olympic Committee

International, the International Paralympic Committee, other Organizations

responsible for major sporting events, in the cases where they are

controls, the AMA, the international sports federations and Organizations

Anti-doping national;

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bb) "National Anti-Doping Organization", the entity designated as authority

responsible for the adoption and implementation of anti-doping standards, driving

of the collection of samples, management of the results of the analyses and realization of

auditions;

cc) "Organisations responsible for major sporting events", the associations

continentals of National Olympic Committees and other organizations

multi-sport international operating as an entity responsible for

any continental, regional or international sporting event;

dd) "Outorgants", the entities that outwit the World Anti-Doping Code,

including the International Olympic Committee, the Paralympic Committee

International, the international sports federations, the Olympic Committees

National, the National Paralympic Committees, the responsible Organizations

by major sporting events, the National Anti-Doping Organizations and the

AMA;

ee) "Participant", the entire sports practitioner as well as his / her support staff;

ff) "Person" means a natural person, an organization or other entity;

gg) "Support personnel", the natural person (s) or collective (s) who work (m),

collaborate (m) or watch (m) the sports practitioner, notably any

coach, leader, team member, medical personnel or paramedic and

too many agents;

hh) "Possession", the current detention, physics, or the de facto detention of any substance

or prohibited method;

ii) "Sporting practitioner", the one who, who is registered in a sports federation,

national or foreign, train or compel in national territory, as well as

the one who, by not finding himself inscribed, participates in a sporting competition

held in Portuguese territory;

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jj) "Practitioner of international level", the sports practitioner

designated by one or more international sports federations as

belonging to a target group of sports practitioners from a federation

international sports;

kk) "Positive analytical result", the report coming from a laboratory or from

another entity approved by the AMA, in which, in accordance with the Standard

International of Labs and Related Technical Documents, is

identified the presence in an organic sample of a prohibited substance or

of their metabolites or markers (including high amounts of

endogenous substances) or evidence of the use of a prohibited method;

ll) "Atypical analytical result", the report coming from a laboratory or from

another entity approved by the AMA, in which, in accordance with the Standard

International of Laboratories and Related Technical Documents, if

demonstrates the need for further research;

mm) "Specific substance", the substance that is likely to give rise to

unintentional infractions of anti-doping standards due to the fact that

frequently to find themselves present in medications or to be less

capable of use successfully as a dopant agent and appearing in the

list of prohibited substances and methods;

nn) "Substance prohibited", any substance described as such on the list of

prohibited substances and methods;

oo) "Attempt", the voluntary action that constitutes a substantial step in the scope of

a conduct for the purpose of transgressing an anti-doping norm, save

if the person resigning from the same before discovered by third parties on it does not

involved;

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pp) "Trafficking", the sale, supply, transportation, shipping, delivery or the

distribution of a prohibited substance or any other form of

doping by means of intervening means, either in direct mode or by the recourse to

electronic or other systems, by a sports practitioner, his or her staff of

support or by any person subject to the jurisdiction of an Organization

Anti-doping, excluding the actions of medical personnel involving a

prohibited substance used for genuine and legal therapeutic purposes or by

another acceptable justification, in the face of what precedes the AMA and its practice,

as well as actions involving prohibited substances that are not

prohibited in doping controls outside the competition unless the

circumstances in its whole to demonstrate that these products are not intended for

genuine and legal therapeutic purposes;

qq) "Use", the use, application, ingestion, injection or consumption, under any

form, of any prohibited substance or the recourse to prohibited methods.

Article 3.

Prohibition of doping and violation of anti-doping standards

1-It is prohibited to doping to all sports practitioners in and out of

sports competitions.

2-Constituent violation of anti-doping standards by sports practitioners or

of your support staff, as the case may be:

a) The mere presence of a prohibited substance, its metabolites or

markers, in a sample A from a sports practitioner, when the practitioner

sports prescinda of sample analysis B and sample B is not analyzed or

when sample analysis B confirms the presence of a prohibited substance,

of their metabolites or markers, found in sample A;

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b) The recourse to a prohibited method;

c) The use of a prohibited substance or a method prohibited by a practitioner

sports, demonstrated by confession of the same, by statements of

witnesses, by documentary evidence, by conclusions resulting from profiles

longitudinal or by other analytical information that does not fill the

criteria established for the verification of a violation of the standards

anti-doping described in the paragraphs a ) and b );

d) The refusal, the resistance or the lack without valid justification to submit to a

doping control, in competition or out of competition, after the notification,

as well as any behaviour that translates into the impediment to collection

of the sample;

e) The obstruction, the unwarranted dilation, the concealment and the remaining conduits that, by

action or omission, prevent or disturb the collection of samples, as well as the

alteration, falsification, manipulation or tampering, or attempted adulteration,

of any element or an integral part of the procedure of the control of

doping;

f) The absence of the submission within the established time frame, or the sending of information

incorrect, in accordance with the provisions of Article 7, for three times on the part of the

sports practitioner in the space of 18 consecutive months, without justification

valid, after having been duly notified by the ADoP in respect of each

of the phalts;

g) The verification of three controls declared as not carried out on the basis of

rules defined by the ADoP in a period with the duration 18 consecutive months,

without valid justification, after the sports practitioner referred to in Article 7.

have been duly notified by that Authority in relation to each other

of the controls declared as not carried out;

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h) The possession in competition on the part of the sporting practitioner of any

substance or method prohibited, as well as possession outside of the competition of

any prohibited substance or method that is not consented to outside

competition, except if it is demonstrated that it stems from a permit of

therapeutic use or other acceptable justification;

i) The possession in competition, on the part of a member of the support staff to the

sports practitioner, who has a connection with this, with the competition or venue of

workout, of any prohibited substance or method, except if it is demonstrated

which stems from a therapeutic use permit the sports practitioner

or other acceptable justification.

3-Any combination of three situations set out in the 3 f) and g) of the number

previous, in the space of 18 consecutive months, constitutes similarly a violation of the

anti-doping standards.

4-Sports practitioners and their support staff cannot claim unknowl

of the standards that constitute an anti-doping violation nor the list of substance and

prohibited methods.

Article 4.

Achievement of events or sporting competitions

1-A permit or authorization required for the holding of an event or competitions

sports only can be granted when the respective federative regulation

require doping control, in the terms defined by the ADoP.

2-A The organizing entity of the event or of the competition must inform the practitioner

sports that the same can be subject to, under the law and regulations

applicable, to anti-doping control.

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3-The provisions of paragraph 1 shall not apply to events or contests with purposes merely

lures, provided that they are not awarded prizes whose value exceeds € 100.

Article 5.

Duties of the sports practitioner

1-Each sports practitioner has a duty to ensure that it does not introduce or is introduced

in your body any prohibited substance or that there is no recourse to any

prohibited method.

2-The sports practitioner shall inform himself with the representative of the entity

event organizer or sports competition in which you participate, or together with the

responsible for the doping control team, whether it has been or can be indicated or

draw to submit to the control.

3-The sports practitioner should not abandon the sporting spaces in which to

held the event or competition without ensuring that it is not the target of control.

Article 6.

Responsibility of the sports practitioner

1-Sports practitioners are held responsible, in the terms provided for in this Law,

by any prohibited substance or its metabolites or markers found in the

their organic samples, as well as by the recourse to any prohibited method.

2-A The responsibility referred to in the preceding paragraph may be sidelined by the criteria

special for the evaluation of prohibited substances, which can be produced in a manner

endogenous.

3-A liability may still be removed in cases where the prohibited substance or

your metabolites or markers do not exceed the quantitative limits established in the

list of prohibited substances and methods or in the International Laboratory Standard.

Article 7.

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Information on the location of sports practitioners

1-Sports practitioners who have been identified by the ADoP or by a

international sports federation for inclusion in a target group for the purpose of being

subjected to out-of-competition checks are required, after the notification is complied with,

to be provided quarterly, and whenever any change occurs, in the 24 hours

precedents to the same, accurate and up-to-date information about your location,

Not least with regard to the dates and places in which they are in drills or proofs not

integrated into competitions.

2-A information is kept confidential, and may only be used for the purpose of

planning, coordination or realization of doping controls and destroyed after

stop being useful for the indicated effects.

Article 8.

List of prohibited substances and methods

1-A list of banned substances and methods in force is approved by portaria of the

member of the Government responsible for the area of sport and published in the Journal of the

Republic .

2-A ADoP releases list of banned substances and methods from federations

sports which, in the framework of the respects modalities, must adopt and give it

publicity, as well as with the Olympic Committee of Portugal, of the Committee

Paralympic of Portugal, of the Order of Physicians, of the Order of Pharmacists and of the

Order of Nursing.

3-A The list of prohibited substances and methods is reviewed annually or, whenever the

circumstances the justifying, by the ADoP, being updated by the form mentioned in the

n. 1.

4-A list of prohibited substances and methods, duly updated, shall appear in

annex to the anti-doping control regulation, approved by each federation

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sporting.

Article 9.

Proof of doping for disciplinary effects

1-The burden of proof of doping, for disciplinary purposes, falls on the ADoP,

how to be able to determine the existence of the violation of an anti-doping standard.

2-A proof is considered quite a lot to form the conviction of the instance to allow

formulate a preponderant probability judgement, even though such judgement may be lower

to a proof beyond any reasonable doubt.

3-Recalling the burden of proof on the sports practitioner or other person, so as to

ilidir a presumption or to demonstrate specific facts or circumstances, the proof is

considered quite a lot if it allows to put fishly into question the violation of a norm

anti-doping, except in cases of Articles 66 and 67, in which the sports practitioner

is burdensome with a superior proof.

4-The facts regarding the violations of anti-doping standards can be proved by means of

all permissible means in judgment, including confession.

5-In cases of doping apply the following rules on the proof:

a) It is presumed that the laboratories accredited by the AMA that carried out the

analysis of samples complied with established safety procedures

by the International Laboratory Standard of the AMA;

b) The sports practitioner may eluded the presumption referred to in the preceding paragraph, if

prove that a failure has occurred in compliance with international standards

applicable.

6-Should you check the provisions of the paragraph b ) of the previous number, the burden of proving that this

default did not give rise to a positive analytical result falls on the ADoP.

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7-When the failure to comply with the International AMA Control Standard does not give

source for a positive analytical result or for any other violation of the standards

anti-doping, it remains valid the results of any analysis.

8-If the sports practitioner proves that the non-compliance of the International Standards

occurred during the control phase, the ADoP has the burden of proving that the default

did not give rise to the positive analytic result or the fcurrent base that was at the origin of the

violation of the anti-doping standard in question.

9-The facts established by a decision of a court or of a disciplinary instance

with competent jurisdiction, which is not liable to appeal, constitute evidence

irrefutable against the sports practitioner or any other person covered by such

decision, except demonstrating that such a decision violates principles of natural justice.

10-A hearing instance, at a hearing on violation of anti-doping norm,

may draw an adverse conclusion to the sports practitioner or other person who if

consider having violated such a standard, based on the refusal of this one to attend the hearing,

physically or by any technological means, and in responding to the questions posed

by the Anti-Doping instance or Organization.

Article 10.

Medical treatment of sports practitioners

1-Doctors must, in what concerne the treatment of sports practitioners, observe

the following rules:

a) Do not recommend, nor prescribe or administer medications containing

prohibited substances, where the same can be replaced by others

that do not contain them;

b) Do not recommend, nor prescribe or collaborate in the use of methods

forbidden, whenever the same can be replaced by others who do not

be.

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2-The established in the preceding paragraph applies to the intervention of other professionals of

health, within the framework of their competences.

3-Not being possible for those health professionals to comply with the provisions of the

points a) and b) of paragraph 1, either depending on the state of health of the sports practitioner or

by the products, substances or methods available to you to accordion, the practitioner

sports must be by these informed to proceed to the respectful request of

authorization of therapeutic use in accordance with the International Standard of

authorisations for therapeutic use of AMA and with the determinations of ADoP.

4-A The solicitation referred to in the preceding paragraph is addressed to the international sports federation

treating themselves to international level sports practitioners or whenever a

sports practitioner intends to participate in an international sporting competition.

5-In cases not understood in the preceding paragraph, the solicitation is addressed to the ADoP.

6-Failure to comply with the obligations arising from this article by entities

referred to in paragraph 1 does not constitute, alone, cause of exclusion from the possible fault of the

sports practitioner, without prejudice to criminal, civil or disciplinary liability in

that incur.

7-A violation of the obligations mentioned in this article by a doctor or

pharmacist is compulsorily engaged in the respect of professional orders.

Article 11.

Review and appeal of decisions of the Committee on Authorization and Use

Therapeutics

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1-A AMA has the right to review all the decisions of the Authorization Commission and

Therapeutic Use (CAUT).

2-The sports practitioner has the right to appeal the decisions of the CAUT according to

the principles set out in the International Standard of Authorisation

therapeutic.

3-A The plotting of the resource shall comply with the following principles and standards:

a) Hearing in a timely way;

b) Impartiality and independence;

c) Decision Celere, duly substantiated and in writing.

4-The appeal referred to in the preceding paragraph shall be directed to the President of the ADoP, who, in the

maximum term of 48 hours, it shall promote the constitution of a tripartie commission

with the following composition:

a) An element designated by the Order of Physicians, which presides;

b) An element designated by CAUT;

c) An element designated by the sports practitioner.

5-A committee mentioned in the preceding paragraph shall decide on the appeal on time

maximum of 2 days counted from its constitution.

Article 12.

Federative anti-doping regulations

1-Sports federations are obliged to adapt their regulation of control of

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doping:

a) To the rules set out in this Law and too much applicable regulation;

b) To the standards set out in the framework of the international conventions on

doping in the sport of which Portugal is a party or comes to be a part;

c) To the rules and guidelines established by the AMA and the federations ' respective respects

international sports.

2-The doping control regulation is registered with the ADoP.

3-Failure to comply with the provisions of the preceding paragraphs implies, while the

default if it holds, the impossibility of sports federations being

beneficiaries of any kind of public support, without prejudice to other penalties to be applied.

4-Professional leagues, when there are, apply, to the competitions they organize, the

regulation referred to in paragraph 1.

Article 13.

General principles of anti-doping federative regulations

In the drafting of the federative doping control regulations must be

observed the following principles:

a) Doping control can be done either in sports competitions, or

out of these, they should be promoted, as a rule, without prior notice,

in particular in cases of out-of-competition controls;

b) Doping control can be carried out either in the competitions that do

part of national championships, whether in the remaining contests in the framework of

each modality;

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c) To all those who violate the rules regarding the confidentiality of the procedure

of doping control shall be applied for;

d) The selection of the sports practitioners to be subject to the control, without prejudice to the

recourse to other criteria, formulated in general and abstract terms, or from the

subjection to the control of practitioners whose behaviour, in competition or

out of this, if it has revealed anomalous from the medical or sports point of view,

shall be carried out by draw;

e) To the practitioner and too many sports agents indicted for the infraction to the

regulations must be ensured the guarantees of hearing and defence.

Article 14.

Mandatory content of the federative anti-doping regulations

1-The federative doping control regulations shall contain, among others, the

following subjects:

a) Precise definition of the competitive frameworks in whose evidence can be carried out

control and, well thus, of the circumstances in which the control will take place outside

of competition;

b) Definition of the selection methods of sports practitioners to be subject to

each control action;

c) Definition of the disciplinary sanctions applicable to those responsible for the violation

of the anti-doping standards, whether it is sports practitioners, or the

support staff for sports practitioners;

d) Definition of the disciplinary sanctions applicable to all actors in the

doping control procedure that violates the obligation of

confidentiality;

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e) Tramping of the investigation and disciplinary procedures aimed at

penalize the agents responsible for the violation of anti-doping standards, with

indication of the means and instances of appeal, also ensuring that the

entity responsible for the instruction of the procedure is distinct from that to which

compete for the disciplinary decision;

f) Definition of the cases in which clubs or societies are penalised

sporting anonymised, on the grounds of the violation of anti-doping standards

of the respected elements, as well as the determination of the applicable sanctions.

2-In the application of sanctions to sports practitioners and their support staff, the

sports federations must take into consideration all mitigating circumstances and

aggravating, in harmony with the recommendations set out in the World Code

Anti-doping.

Article 15.

Co-responsibility of the support staff of the sports practitioner

1-Without prejudice to the provisions of Article 10, it is incumbent in particular on the doctors and

paramedics who accompany in a direct way the sports practitioner to ensure that

this one abstain from any form of doping, and may not, by any means,

hinder or prevent the realization of a control.

2-Equal obligation impens, with the necessary adaptations, on the other personnel of

support for the sports practitioner as well as about everyone who keeps up with this

a relation of hierarchy or orientation.

3-A The obligation referred to in the preceding paragraphs includes the duty to clarify the practitioner

sports about the nature of any substances or methods that are

provided and to keep you informed of those who are prohibited, as well as your

consequences and, within the framework of the respective competences, take all action

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suitable to disadvise and prevent their use on the part of that.

4-Dealing with coaches and health professionals, the obligation referred to in the figures

previous includes still the duty to inform the ADoP about sports practitioners in

relation to which it is suspected that they may be using substances or methods

forbidden.

CHAPTER II

Anti-doping authority of Portugal

Article 16.

Nature and mission

1-A ADoP works together from the Portuguese Institute of Sport and Youth, I.P. (IPDJ,

I.P.), and it is the national anti-doping organization with functions in control and in the fight against

doping in sport, particularly as an entity responsible for the adoption of

rules with a view to triggering, implementing or applying any phase of the procedure

of doping control.

2-A ADoP collaborates with national and international bodies with responsibility

in the fight against doping in sport.

Article 17.

Territorial jurisdiction

The ADoP, as a national organisation responsible for control and fight against the

doping in sport, exercises its competences in the national territory and, whenever

requested by AMA or international federations, abroad.

Article 18.

Competencies

1-Compete to ADoP:

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a) Elaborate and apply the National Anti-Doping Program, heard the Council

Anti-doping National (CNAD);

b) Issue scientific and technical opinions, recommendations and notices, inter alia

on the procedures for the prevention and control of doping;

c) To provide sports federations with the technical support that by these is requested,

either in the elaboration or in the application of the respected anti-doping regulations;

d) Pronount on the drafting of the legislation on the fight against doping in the

sport, heard the CNAD;

e) Issue opinion binding on the anti-doping regulations in the

sport adopted by sports federations holders of the utility statute

sports public, heard the CNAD;

f) Proceed to the receipt of the applications for the therapeutic use of

prohibited substances or methods, proceeding to the forwarding respect

for the CAUT, as well as establish the procedures inherent in the system of

authorization for therapeutic use at the national level;

g) To study, in collaboration with the entities responsible for the education system and

of the area of sport, pedagogical programmes, specifically campaigns of

information and education, with the purpose of raising awareness among practitioners

sports, personal support for support and young people in general for the dangers and

the disloyalty of doping;

h) To study and propose the appropriate legislative and administrative measures to the fight

against doping in general and the control of production, marketing and the

illicit trafficking in prohibited substances or methods;

i) To study and suggest the measures aimed at the coordination of national programmes

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of doping against doping with the AMA guidelines as well as the

fulfillment of the obligations arising from conventions concluded by Portugal

in the same scope;

j) To propose the funding of research programmes in the context of the fight against

doping, particularly sociological, behavioural, legal studies, and

ethics in addition to research in the medical, analytical and physiological areas;

k) Issue general or special recommendations on prevention procedures and

control of doping, addressed to the entities that integrate associativism

sports and sports practitioners and personal support of support;

l) Determine and instruct the carrying out of extraordinary investigations and the inherent

doping controls whenever it receives or meets strong evidence of practice

customary or continued doping by some sports practitioner

or of your support staff;

m) Instruct the disciplinary processes and apply the respects disciplinary sanctions

in the terms provided for in Article 58;

n) Provide the services requested by other entities, national or foreign,

in the context of the fight against doping in sport;

o) Follow up the national technical participation in the different instances

international with responsibility in the fight against doping in sport;

p) Assess the risks of new substances and methods, listened to the CNAD.

2-A research referred to in point l) of the preceding paragraph shall respect the principles

of internationally recognized ethics, prevent the administration of substances and

dopant methods to sports practitioners and be carried out only if they exist

guarantees that there is not an abusive use of the results for the purpose of

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doping.

Article 19.

Guiding principles

The ADoP, in the exercise of its mission, shall be governed by the principles of scientific independence,

of precaution, credibility and transparency and confidentiality.

Article 20.

Cooperation with other entities

1-A ADoP and the remaining services, bodies or entities with prevention functions and

criminal or counterordinate repression or with functions of administrative authority

shall cooperate in the exercise of the respective competences, using the mechanisms

legally suitable.

2-Public bodies must provide ADoP with the collaboration that is requested to them,

particularly in the technical-expert area.

Article 21.

Organs and services

1-Are organs of the ADoP:

a) The President;

b) The executive director.

2-Are services of ADoP:

a) The Laboratory of Doping Analysis (LAD);

b) The Anti-Doping Program Support Framework (ESPAD);

c) The Legal Office.

3-The body referred to in para. a) of paragraph 1 is appointed by dispatch of the member of the

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Government responsible for the area of sport.

Article 22.

President

1-A ADoP is directed by an equated president, for all legal effects, the post

of higher direction of 2. degree.

2-Compete to the President:

a) Represent the ADoP together with any institutions or bodies, national or

international;

b) Drive, coordinate and guide services, as well as approve the regulations and

implementing standards necessary for its proper functioning;

c) Approve and present superiorly the plan and report of annual activities of the

ADoP;

d) Submit to the approval of the competent entities the budget proposal

annual ADoP;

e) Decide and propose the leasing and acquisition of goods and services within their

competencies;

f) Approve, upon advice from the Chief Executive Officer, the recommendations and notices that

link to ADoP;

g) Managing human resources and materials affections to ADoP;

h) Exercising the remaining powers that are not assigned to other organs and

services.

Article 23.

Executive Director

1-The executive director is the responsible one:

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a) By administrative services;

b) For the quality management of ESPAD;

c) By the management of the National Anti-Doping Programme;

d) By the management of the results;

e) By the information system on the location of sports practitioners.

2-The executive director is, for all legal effects, post of interim direction of 1. th

degree.

Article 24.

Laboratory of Dopping Analyses

1-Within the scope of the ADoP works the LAD, endowed with technical and scientific autonomy, to which

compete:

a) Carry out the analyses concerning doping control, at the national level or

international, if for this is requested;

b) Perform the biochemical and related analyses aimed at supporting the actions

developed by the competent bodies and entities in the preparation of the

sports practitioners, particularly high-income people, and collaborate in the

collection actions required;

c) Giving execution, within the framework of its competences, to the protocols concluded

between the IPDJ, I.P., and other institutions;

d) Collaborate in training and research actions in the framework of doping;

e) To ensure the remaining functions that are committed to you.

2-The LAD is directed by a scientific coordinator recruited from among individualities,

national or foreign, of recognized technical or scientific merit, possessors of

appropriate academic qualifications and with proven professional experience,

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in particular, from among faculty of higher education and researchers, linked or

not to the Public Administration.

3-The scientific coordinator is assigned, in commission of service, by the member of the

Government responsible for the area of sport, giving it applicable, with due

adaptations, the retributive regime of the guest researcher, of the research staff

scientific as referred to in Article 36 (3) of the Decree-Law No. 124/99 of April 20,

amended by Law No. 157/99 of September 14 and by the Decree-Law No. 373/99 of 18

of September.

4-Except for the provisions of the last part of the preceding paragraph, the scientific coordinator

that is integrated into the university teaching career or research career

scientific, in which case the same is entitled to opt for the basic remuneration due in the

legal-functional situation of origin that is constituted by indefinite time.

5-To the lecturer of the university higher education and researcher referred to in paragraph 2 apply

the provisions laid down in the relevant career statutes concerning the provision of

service in other public functions.

Article 25.

Anti-doping Program Support Framework

1-A ESPAD works on the dependence of the Executive Director, by competing with:

a) Ensure the administrative and logistical services required for implementation

of the National Anti-Doping Plan, namely planning and realization

of the doping controls;

b) To ensure the administrative management of the results, sanctions and appeals;

c) To ensure the administrative management of the location system of practitioners

sports for the purpose of doping control;

d) To ensure the administrative management of the system of use authorisations

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therapeutic;

e) Carry out the informative and educational programmes concerning the fight against the

doping in sport.

2-Within the scope of ESPAD work:

a) The CNAD;

b) The CAUT.

Article 26.

Anti-Doping National Council

1-The CNAD is the advisory body of the ADoP, competing with it:

a) Issue opinion, with binding force, as to the application on the part of

sports federations of sanctions, arising from use, on the part of the

sports practitioners, of specific substances, as such defined in the list

of prohibited substances and methods;

b) Issue opinion, binding, as to the mitigation of sanctions on the basis of

in the exceptional circumstances defined by the World Anti-Doping Code;

c) Issue opinion, binding, as to the aggravation of sanctions with

basis in the exceptional circumstances defined by the World Code

Anti-doping;

d) To ensure the remaining functions that are committed to you by the law.

2-The CNAD is composed of the following elements:

a) President of the ADoP, who presides;

b) Executive Director;

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c) A representative appointed by the President of the IPDJ, I.P.;

d) Director of the National Center for Sports Medicine;

e) An expert, licenced in Medicine, indicated by the Olympic Committee of

Portugal;

f) An expert, licenced in Medicine, indicated by the Paralympic Committee of

Portugal;

g) An expert, licenced in Medicine, indicated by the Confederation of Sport

of Portugal;

h) A representative of the Directorate General of Health;

i) A representative of the Infarmed-National Medication Authority and

Health Products, I.P.;

j) A representative of the intervention service in the additive behaviors and

in the dependencies;

k) A representative of the Judiciary Police;

l) A former high-throughput sports practitioner, to be designated by the member of the

Government responsible for the area of sport;

m) A representative appointed by the own governing bodies of each Region

Autonomous.

3-The CNAD gathers ordinarily once a month and, extraordinarily, whenever

is convened by the President, on his or her initiative or the solicitation of a third of the

its members.

4-The CNAD may request the opinion of other national or international experts,

whenever the judge required it.

5-The mandate of the members of the CNAD has the duration of three years, renewable by equals

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periods.

Article 27.

Commission for Authorization of Therapeutic Use

1-A CAUT is the body responsible for the analysis and approval of the authorizations of

therapeutic use.

2-Compete à CAUT:

a) To analyse and approve the authorisations of therapeutic use;

b) To ensure the remaining functions that are committed to you by the law.

3-A CAUT is comprised of five elements licensed in Medicine, with services

relevant in the area of the fight against doping in sport and sports medicine.

4-The Medicine graduates referred to in the preceding paragraph are proposed to the

president of the ADoP by the executive director and appointed by the member of the Government

responsible for the area of sport, which also designates its president.

5-Three of the licensees referred to in paragraph 3 shall not, simultaneously, integrate the

CNAD.

6-A CAUT decides in accordance with the criteria and rules set out in the Standard

International Therapeutic Utilization of AMA Authorization.

7-The mandate of the CAUT members has the duration of three years, renewable by equals

periods.

Article 28.

Assurances from the members of the CNAD and the CAUT

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It is guaranteed to the members of the CNAD and the CAUT, who are not representatives of

public entities, the right, by participation in meetings, to passwords of presence, in

amount and conditions to be fixed by dispatching the members of the Government responsible for the

areas of finance and sport.

Article 29.

Pedagogical programmes

The programmes referred to in point g) of Article 18 shall provide information

updated and correct on the following subjects:

a) Substances and methods that integrate the list of prohibited substances and methods;

b) Consequences of doping in health;

c) Doping control procedures;

d) Nutritional supplements;

e) Rights and responsibilities of sports practitioners and support staff

in the framework of the fight against doping.

CHAPTER III

Control of doping

Article 30.

Doping control in competition and out of competition

1-Sports practitioners, as well as all those who find themselves covered by the

prohibition of doping, which participate in official sports competitions,

regardless of their nationality, they are obliged to submit to the control of

doping, under the terms of this Act and supplementary legislation.

2-The provisions of the preceding paragraph shall apply to out-of-competition controls,

particularly as for sports practitioners who find themselves in a high regime

income, and the controlling shares shall be carried out without notice.

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3-Addressing minors, in the act of enrolment, the sports federation shall require

to whom he exercises parental power or holds tutelage on the same the authorization for the

your subjection to the doping controls in competition and out of competition.

Article 31.

Realization of doping controls

1-The control consists of a sample collection operation or samples from the practitioner

sporting, simultaneously guarded or guarded in two containers, designated

as A and B, for laboratory examination.

2-The control of alcohol is carried out through the method of expiratory analysis.

3-A The collection operation is carried out in the terms provided for in the law and it shall assist it,

wanting, the doctor or delegate of the clubs to which the sports practitioners belong

or, in their absence, who these indicate to the effect.

4-To the said operation may still watch, wanting, a representative of the respect

sports federation or professional league and, if necessary, a translator.

5-Doping Controls are carried out in the terms defined by this Law and

supplementary legislation and in accordance with the AMA International Control Standard.

6-It is up to sports federations holders of the status of public utility

sports, particularly the Portuguese Equestrian Federation, the realization of the actions of

control of medication of animals participating in sports competitions,

in accordance with the regulation of the international sports federation.

7-The federations referred to in the preceding paragraph shall report to the ADoP, until the beginning of the

sports season, the programme of control actions to take effect as well as the

result of the same.

Article 32.

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Actions of control

1-A The realization of control actions processes in accordance with what is defined by the

ADoP and, in particular, in the terms of the regulations referred to in Article 12.

2-There can still be carried out doping control actions in the following cases:

a) When the President of the ADoP so determines;

b) By request of the Olympic Committee of Portugal or the Paralympic Committee of

Portugal;

c) When so requested, within the framework of agreements concluded in this matter with

other anti-doping organizations and with the AMA, or in the fulfillment of the

obligations arising from conventions concluded by Portugal in the same

scope;

d) The solicitation of promoter entities of a sports demonstration not

framed within the framework of the federated sport, in the terms to be fixed by dispatch

of the president of the ADoP.

3-Are carried out doping control actions in relation to all practitioners

sports that are integrated into the target group of sports practitioners to submit

control of the ADoP, particularly those integrated into the high-income regime and the

that are part of national selections.

4-Sports federations must carry out the necessary representations to make the

sports results considered as national records not to be homologated

without the sporting practitioners who have obtained them hajam submitted to the

doping control in the respect of competition or, in case of justified

impossibility, within the subsequent 24 hours.

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Article 33.

Responsibility for the collection and transport of the samples and procedures

analytics

1-Compete to ESPAD to ensure the collection of the organic liquid in the control actions of

doping and ensuring the preservation and transport of the samples up to their

arrival at the respected anti-doping laboratory.

2-Laboratory examinations required for doping control are carried out in the LAD

or by other anti-doping laboratories accredited by AMA, whenever the ADoP

so as to determine it.

3-The laboratory examination comprises:

a) The analysis to the sample contained in the container A (first analysis);

b) The analysis to the sample contained in container B (second analysis), when the

result of the analysis mentioned in the previous paragraph indict the practice of a

infraction of an anti-doping standard;

c) Other supplementary examinations, to be defined by the ADoP.

Article 34.

Notification and analysis of sample B

1-Indicated a violation of the anti-doping standards in the analysis of sample A, the federation

sporting the one belonging to the holder of the same is notified by the ADoP in the 24 hours

following.

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2-A The notified sports federation informs of the fact the sample holder and his club,

in the following 24 hours, expressly mentioning:

a) The positive result of the sample A;

b) The possibility of the sports practitioner concerned requiring the realization of the

analysis of sample B;

c) The day and time for the possible realization of the sample B analysis, proposed by the

anti-doping laboratory that carried out the analysis of sample A;

d) The faculty of the sports practitioner in question or their club meet

gifts or making themselves represent in the act of sample analysis B, as well as the

of appointing experts to keep up with the achievement of that due diligence.

3-To the notifications referred to in this Article applies, in a subsidiary, to the provisions of

in the Code of Administrative Procedure.

4-A The notified sport federation may also make itself represent in the act of the analysis

of sample B and, should it be necessary, designate a translator.

5-The deadlines for carrying out the sample analysis B and for the notifications to which

refer to the previous figures are set by regulatory diploma.

6-When required analysis of the sample B, the charges of the analysis, in case this setback

positive result, are the responsibility of the sample holder to submit the analysis.

7-When required analysis of sample B, the sporting and disciplinary consequences

they will only be triggered if their result is positive, confirming the content of the analysis of the

sample A, owing all the actors in the process to keep the strictest

confidentiality until such confirmation is obtained.

Article 35.

Supplementary examinations

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1-In addition to the provisions of the previous article, where the indications of positivity

detached in a sample can be attributed to physiological or pathological causes, the

results should be remitted to the CNAD, for drafting a report to be submitted

to ADoP, which decides on whether or not there is a violation of the standards

anti-doping.

2-The intervention of the CNAD should be given knowledge to the sports federation and the

sporting practicing holder of the sample, which is obliged to submit to the examinations

that they are determined, incurring, should they not do so, in the sanctions made up for the

refusal to doping control.

3-Until the decision referred to in paragraph 1, all actors must keep the strictest

confidentiality.

Article 36.

Preventive suspension of the sports practitioner

1-The sports practitioner in relation to which the result of the control is positive, soon

with the first analysis or after sample analysis B, when required, is suspended

preventively even be delivered the final decision of the process by the respective federation

sports, save in cases where it is determined by the ADoP to conduct examinations

complementary.

2-A The preventive suspension referred to in the preceding paragraph inhibits the sports practitioner of

participate in competitions or sporting events, and the period already served shall be

discounted in the applied suspension period.

Article 37.

Databases

1-For the effective fulfillment of its mission and competencies, ADoP may proceed to

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treatment of data referring to:

a) Authorisations of therapeutic use;

b) Information on the location of sports practitioners;

c) Management of results;

d) Longitudinal profile of analytical results of organic samples.

2-The data and information regarding the control and fight against doping in sport

can only be used for such purposes and for the application of sanctions in cases of

illicit criminal, counterordinational or disciplinary.

3-Data processing shall process in a transparent manner and in the strict respect

by the reservation of private life, as well as by rights, freedoms and guarantees

fundamental.

4-The content of each of the databases is defined by the ADoP, upon

prior authorization of the National Data Protection Commission.

5-The data controller is the president of the ADoP.

Article 38.

Liability in the exercise of public functions

1-Who performing roles in doping control is subject to the duty of

confidentiality regarding the subjects you know in the reason of your activity.

2-Without prejudice to the liability provided for in specific law, the violation of the

confidentiality in the processing of personal data on the part of the responsible or

any official, official or agent of the Public Administration constitutes infraction

discipline.

Article 39.

Responsibility of the leaders and personnel of sports entities

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1-The leaders, members of the disciplinary and other personal bodies of the federations

sports and professional alloys that have functions in doping control are

subject to the duty of confidentiality regarding the subjects they meet on the grounds of

your activity.

2-Without prejudice to the liability provided for in specific law, the violation of the

confidentiality in the processing of personal data constitutes disciplinary infraction.

SECTION II

Access, rectification and assignment of data

Article 40.

Access and rectification

1-The right of access to administrative documents shall be governed by the provisions of the Act

n. 46/2007, of August 24.

2-The right of access and rectification of personal data is governed by the provisions of the Act

n. 67/98, of October 26.

Article 41.

Authorization for the assignment of data

The data and personal files pertaining to doping control can be yielded, in

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compliance with the obligations arising from the international commitments made by the

State and the provisions of Law No. 67/98 of October 26, to public and private entities

who participate in the fight against doping in sport.

CHAPTER V

Sanctionatory regime

SECTION I

General provisions

Article 42.

Extinction of responsibility

1-A The prescribing of the criminal procedure is governed by the provisions of the Criminal Code.

2-The counterordinational procedure extinguishes, by the effect of prescription, as soon as

on the date on which the anti-doping norm violation occurred the deadline

of 8 years.

3-The disciplinary procedure cannot be started decorated that are 8 years on the

practice of the violation of anti-doping norm.

SECTION II

Criminal illicit

Article 43.

Trafficking in prohibited substances and methods

1-Who, intent on violating or violating anti-doping norms, and without that for such

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find yourself authorized, produce, manufacture, extract, prepare, offer, puser for sale,

sell, distribute, buy, give way or by any title receive, provide the

listen, transport, import, export or make transiting or illicitly detain

substances and constant methods of the list of prohibited substances and methods is punished

with a prison sentence of 6 months to 5 years.

2-A attempt is punishable.

Article 44.

Administration of prohibited substances and methods

1-Who to administer to the sports practitioner, with or without his / her consent, in

competition, any substance or provide the resource with the prohibited method, or who

administer to the sports practitioner, with or without your consent, outside the

competition, any substance, or provide the resource with the method that is prohibited outside

of competition, or who to watch, encourage, assist, allow for concealment, or

any other type of complicity involving a violation of anti-doping norm is

punished with imprisonment from 6 months to 3 years, save when there is a permit to

therapeutic use.

2-A penalty provided for in the preceding paragraph is aggravated, at its minimum and maximum limits, for

double, if:

a) The victim finds himself in a situation of special vulnerability, on the grounds of the

age, disability or disease;

b) The agent has proceeded in a deceptive manner or used processes

intimidation;

c) The agent if it has prevailed from a hierarchical dependence relationship,

economic, work or professional.

3-A attempt is punishable.

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Article 45.

Criminal association

1-Who to promote, merge, participate in or support group, organization or association whose

purpose or activity is directed to the practice of one or more crimes foreseen in the present

law is punished with a prison sentence of 6 months to 5 years.

2-Who to head or direct the groups, organizations or associations referred to in the number

previous is punished with the penalty in it predicted aggravated by a third in its limits

minimum and maximum.

3-For the purposes of this Article, it is considered that there is a group, organisation or

association when it is in question a set of at least three people acting

concertedly during a certain period of time.

4-A penalty may be specially mitigated or not take place the punishment, if the agent prevents

or to seriously strive to prevent the continuation of the groups, organizations or

associations or communicate to the authority their existence so that this can avoid the

practice of crimes.

Article 46.

Criminal responsibility of collective and equipared persons

1-Collective persons and equipared entities, including sports collective persons,

are responsible, in the general terms, for the crimes provided for in this Law.

2-The status of public utilities or sports utilities does not exclude the

criminal responsibility of the sports collective persons.

Article 47.

Mandatory complaint

The holders of the organs and the officials of sports federations or leagues

professionals, associations and groupings of clubs in them affiliated must convey to the

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Prosecutor's Office news of the crimes provided for in this Law to have

knowledge in the exercise of their duties and because of them.

SECTION III

Illicit of mere social ordering

Article 48.

Counterorders

1-Constitute counterordinance for the purposes of the provisions of this Law:

a) The obstruction, the unwarranted dilation, the concealment and the remaining conduits that, by

action or omission, prevent or disturb the collection of samples;

b) The alteration, falsification, manipulation or adulteration of any element, or

an integral part, of the doping control procedure;

c) The possession in competition of any prohibited substance or method, as well as

possession outside of competition of any prohibited substance or method that is

interdict in the periods considered outside the competition, on the part of the practitioner

sporting or a member of the support staff who has connected to the

sports practitioner, competition or the place of practice, except demonstrating

which stems from a therapeutic use permit or other justification

acceptable.

2-The teams, clubs or sporting limited companies to which the practitioners belong

sportspersons who are disciplined disciplined and who vie for competitions

official sports officers incur counterordinance by each sports practitioner who

commits a violation of an anti-doping norm.

3-The provisions of the preceding paragraph shall not apply in the case of the team, club or society

sports anonymous prove that the conduct or behaviour of the practitioner

sportsmanlike was its sole responsibility.

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4-A attempt and neglect are punishable.

Article 49.

Fines

1-Constitute very serious counterordinate, punishing with fine between 34 UC and 98 UC, the

practice of the acts provided for in points a) a c) of paragraph 1 of the previous article.

2-Constitute serious counterordinance, punished with fine between 19 UC and 34 UC, the verification

of the provisions of paragraph 2 of the preceding Article, dealing with teams, clubs or societies

sporting anonymises vying for sports competitions of a professional nature.

3-Constitute lightweight counterordinate, punished with fine between 5 UC and 19 UC, the verification of the

provisions of paragraph 2 of the previous article, dealing with teams, clubs or societies

sporting anonymises vying for non-professional sporting competitions.

4-For teams, clubs or sporting limited companies that in the same sports season,

or in two consecutive sporting seasons, have two or more practitioners

sporting disciplined punishable by committing violations of anti-doping norms

are applicable the fines provided for in the preceding paragraphs, high for double in the

its minimum and maximum limits.

Article 50.

Determination of the measure of the fine

1-A The determination of the measure of the fine, within its limits, is done in the function of the

gravity of the counterordinance, of the fault, of the economic situation of the agent and of the benefit

economic or sporting that this has removed from the practice of counterordinance.

2-Dealing with negligence, the minimum and maximum limits of the applicable fine are

reduced to half.

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3-A attempt is punishable by the fine applicable to the consumptive counterordinance,

especially attenuated.

Article 51.

Instruction of the process and application of the fine

1-A The instruction of the counterordinance processes referred to in this Law shall compete with

ADoP.

2-A The application of the fines is the competence of the ADoP president.

Article 52.

Impugation of the fine

The decision to implement the fine is liable to challenge for the Arbitral Tribunal of the

Sport.

Article 53.

Product of the fines

The product of the fines reverses in 60% to the state and in 40% to the IPDJ, I.P., which the

affects the ADoP.

Article 54.

Subsidiary law

To the processing of the counterordinations and the application of the corresponding sanctions

provided for in this Law, the general regime of the illicit of mere

social ordering, constant of the Decree-Law No. 433/82 of October 27, as amended by the

Decrees-Laws No 356/89, of October 17, 244/95, of September 14, and 323/2001, of

December 17, and by Law No. 109/2001, of December 24.

SECTION IV

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Illicit disciplinary

Article 55.

Disciplinary disciplining

1-Constitute illicit disciplinary the violation of the provisions of Article 3 (2) and (3), as well as

the violation of Article 36 (2).

2-The ducts provided for in Articles 43, 44 and 45 are also unlawful

discipline when the offender is a sports practitioner, an element of his or her staff

of support or find yourself enrolled in a sports federation.

3-A attempt and neglect are punishable.

Article 56.

Denunciation

Case, in the context of the investigation or disciplinary proceedings provided for in this Law, are

ascertained facts likely to indict the practice of a crime, must the same be

reported by the ADoP, by the respective sports federation or professional league to the

Prosecutor's Office.

Article 57.

Disciplinary procedure

The existence of evidence of an infraction to the anti-doping norms determines

automatically the opening of a disciplinary procedure by the disciplinary organ

federative, appropriate to determine the possible existence of involvement and the degree of

attended by part of the support staff for the sports practitioner, owing,

notably, ascertain how much the way of obtaining by the sports practitioner of the

substance or prohibited method.

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Article 58.

Application of disciplinary sanctions

1-A The instruction of disciplinary proceedings and the implementation of the planned disciplinary sanctions

in the present law compete with the ADoP and are delegated to the sports federations

holders of the status of sports public utility.

2-Sports federations must have an instance of appeal, for which the

sanctioned sports agent may appeal, without suspensive effect, to which it must be a

diverse and independent entity from the one sanctioned it in the first instance.

3-Between the communication of the violation of an anti-doping standard and the application of the

corresponding disciplinary sanction may not mediate a time limit of more than 120 days.

4-In case of non-compliance of the period referred to in the preceding paragraph by the

sports federation in the face of whom the ilicitude has occurred may be the one applied for the scheme

of the suspension of the status of sports public utility as provided for in the scheme

legal status of sports federations and conditions for the assignment of the status of

sports public utility.

5-In the event of non-compliance with the deadline referred to in paragraph 3, the sports federation in

question refers within the maximum of 5 days the disciplinary process to the ADoP that lies

responsible for the instruction and or application of the disciplinary sanction.

Article 59.

Challenge of disciplinary sanctions

1-Without prejudice to the provisions of paragraph 3, the decisions of federative disciplinary bodies, or of the

ADoP, which involves a disciplinary procedure, are recurrable for the Court

Arbitral of Sport.

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2-A international sports federation respects and AMA can intervene in the process

to defend the interests pertaining to combating doping in sport, on the terms

law general and, in particular, pursuant to the International Convention against the

Doping in the UNESCO Desporto.

3-Emerging decisions of violations practiced by level sport practitioner

international, or in international events, are recurrable for the Arbitral Tribunal of the

Sport of Lausanne, in the terms provided for in the World Anti-Doping Code.

Article 60.

Presence or use of prohibited substances or methods

1-In the event of a violation of anti-doping standards provided for in points a ) a c) of paragraph 2 of the

article 3, the sports practitioner is punished, dealing with first infraction, with pity

of suspension for a period of 2 years.

2-A attempt is punishable.

Article 61.

Specific substances

Dealing with the use of specific substances, in cases where the sports practitioner

make proof of the way in which the banned substance entered your body and that your

use did not target the improvement of sports income or had no masking effect, the

sports practitioner is punished, dealing with first infraction, with penalty of warning

or with a suspension penalty up to 2 years.

Article 62.

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Other violations to anti-doping standards

1-To the sports practitioner who violates the anti-doping standards provided for in points d ), and ) and

h ) of Article 3 (2) shall be applied for the sanction of suspension of sporting activity of 2

years, for the first infraction.

2-To the sports practitioner who violates the anti-doping standards provided for in points f ) and g )

of Article 3 (2) and (3) shall be applied for the sanction of suspension of the activity from 1 a to 2

years, for the first infraction.

3-To the sports practitioner who participates in events or sporting competitions during

the period of preventive or effective suspension, are annulled the results obtained and will be

started the count of the initially imposed suspension period, since the date of the

violation of the suspension period.

4-The sporting practitioner who violates the provisions of Articles 43, 44 and 45 is equally

punished disciplinarily with a suspension penalty of 4 up to 25 years, treating the

first infraction.

Article 63.

Sanctions on support staff for the sports practitioner

1-To the support staff of the sports practitioner who violates an anti-doping norm

described in the points e) and i) of Article 3 (2) shall be applied for the sanction of suspension of the

sports activity for a period of 2 years, for the first infraction.

2-For the support staff of the sports practitioner who is a health professional, the sanction

described in the preceding paragraph is aggravated, at its minimum and maximum limits, for the

double.

3-To the support staff of the sports practitioner who violates the period of suspension

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preventive or effective, will start the suspension period count initially

tax, since the date of the violation of the suspension period.

4-To the support staff of the sports practitioner who practice the planned criminal ilocytes

in Articles 43, 44 and 45, the sanction of suspension of sporting activity is applied

for the period from 4 a to 25 years, for the first infraction.

Article 64.

Multiple violations

1-In the case of second violation of anti-doping standards provided for in paragraphs 2 and 3 of the article

3., of the use of specific substances or other violations referred to in the Articles

previous, the sanctionatory period of the second infractions is the constant of the attached table

to this law and that it is an integral part of it.

2-Treating the third infraction, the sports practitioner or the support staff to the

sports practitioner is punishable with suspension for a period of 25 years.

3-In the case mentioned in the preceding paragraph, if the third violation fulfills the requirements

provided for in Article 61 or involve a violation of anti-doping standard of agreement

with the points f ) and g ) of Article 3 (2) and (3), the sports practitioner is punished with

suspension penalty for a period of 8 a to 25 years.

4-Consideration of multiple violations, for the purposes of this article, those that

occur within a 8-year time interval regarding the date on which

occur the first violation.

Article 65.

Right to prior hearing

The sports practitioner or other person has the right, in either case, before it is

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applied any suspension sanction, to be heard with a view to presenting their

arguments in such a way as to try to eliminate or reduce the suspension to be applied.

Article 66.

Elimination or reduction of the suspension period on the basis of circumstances

exceptional

1-A The application of any penalty lower than a suspension of sporting activity of 2

years has to be preceded, for the purpose of approval of the same, to appear prior

issued by the CNAD.

2-The sports practitioner or other person may eliminate his / her suspension period if

prove that it was not at fault or was not negligent in the face of a breach of norm

anti-doping, with the case being that, in the case of it being detected substances, markers or

metabolites, will have to demonstrate how such elements have entered their organism.

3-The sports practitioner or other person may reduce his / her suspension period if

prove that it did not have significant guilt or was not significantly negligent in the face of

a violation of anti-doping norm, with the reduced suspension period not

may be less than half of the penalty applicable to the case and, in the case of a

sports practitioner, if they are found to be substances, markers or metabolites,

will have to demonstrate how such elements have entered their body.

4-A entity responsible for the process concerning a violation of anti-doping norm

may, prior to the final decision, suspend part of the suspension period if the practitioner

sports or other person to provide considerable aid to that same entity or to the

criminal authorities in the discovery of violations of anti-doping norms, criminal or

disciplining, on the part of another person, being that the suspension of the period in question

will depend on the severity of the violation of the anti-doping standard, as well as the aid

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provided, and may not be suspended more than three quarters of the length of the period of

suspension that would be applicable to the case.

5-The suspension period can be reduced by up to half, should the sports practitioner

voluntarily admits the violation of anti-doping norm before it received the

notification of the sample collected that could indict such a violation and if at that time,

there is no other proof of the violation.

6-A The competent entity, after consultation with the CNAD, bases its decision on the facts

relating to each case, in particular the type of substance or method in question,

risks concerning the sporting modality in question, the collaboration in the discovery of the

how it was violated the anti-doping norm and the degree of guilt or neglect of the

agent, being that the reduction of the sanction will not in any case be for less of the

that a quarter of the applicable penalty.

7-In the situations of disposal or reduction of the suspension period on the basis of

exceptional circumstances must be taken into account of the provisions of the AMA and its

practice.

Article 67.

Aggravation of the suspension period on the basis of aggravating circumstances

1-If the competent entity considers, in respect of a case of violation of the standards

anti-doping other than those of articles 43, 44 and 45, which are present

aggravating circumstances justifying the imposition of a period of suspension

aggravated, the suspension sanction will be increased up to a limit of 4 years, except if the

sports practitioner or other person to prove in a disciplinary procedure

who did not knowfully commit the violation.

2-Do not apply the provisions of the preceding paragraph when a sports practitioner or other

person admits to the violation of anti-doping norm after being confronted with the same

by the competent entity and in the terms in which it is set by this.

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Article 68.

Start of the suspension period

1-The period of suspension commencement on the date of the notification of the disciplinary decision of the

first instance.

2-Any period of preventive suspension is deducted in the total period of suspension to

comply.

3-Having on the basis of the principio of the equity, in the case of the existence of delays in the process of

instruction or in other procedures of the doping control not attributable to the

sports practitioner or other target person of the process, the instance applying the sanction

may declare as the start date of the suspension period an earlier date, which may

back down to the date of collection of the samples or by the date on which the last violation of the

anti-doping standard.

4-Should the sporting practitioner or other person, when faced with proof of the

violation of a norm, admit such an infringement, may initiate the sanction period in the

date of collection of the sample or violation of the standard, provided that half of the period

sanctionatory resulting therefrom is fulfilled from the date of the imposition of the penalty.

5-To the sports practitioner is granted a credit equivalent to the period of suspension

provisional with respect to the penalty effectively deliberated, should this respect and recognize

such inhibition.

6-The sporting practitioner cannot benefit from any reduction in his / her period of

suspension for the fact that, on a date prior to its provisional suspension, it has decided not to

compete or have been suspended by their team.

Article 69.

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Status during the period of suspension

1-Who has been the subject of the application of a suspension penalty cannot, during the

period of duration of the same, participate in what quality is, in a competition or

sporting event.

2-Excepts the provisions of the preceding paragraph for participation in programmes

authorised anti-doping training and in rehabilitation programmes authorised by the

ADoP.

3-The sports practitioner or other person subject to a period of suspension of duration

greater than 4 years, may, after serving 4 years of the suspension period, participate in

competitions or local sporting events of a different modality from that in which

a violation of the anti-doping norm has been committed, provided that, cumulatively:

a) The competition or the event do not have a competitive level that can

qualify, either directly or indirectly, to compete, or accumulate points for power

compete in a national championship or in a competition or sporting event

international;

b) Remain subject to doping controls.

4-In addition to that provided for in Article 71, the sports practitioner who violates a standard

anti-doping that does not involve the elimination or reduction of the suspension period with

basis in exceptional circumstances relating to specific substances, cannot

benefit from supports or comprisations by the State, Autonomous Regions

and of the local authorities or of any entity by those funded.

5-The use of specific substances, when accompanied by the demonstration, by the agent,

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of the assumptions set out in Article 61 shall not preclude the granting of the benefit of supports

or comprised by the State, the Autonomous Regions and the authorities

locations or of any entity by those funded.

Article 70.

Rehabilitation control

1-To be able to obtain your eligibility at the end of the applied suspension period, the

sports practitioner must, during the whole period of preventive suspension or de

suspension, make available to carry out doping controls out of competition by

part of any anti-doping organization with competence for the realization of

doping controls and, well, when requested for this purpose, provide

correct and up-to-date information about your location.

2-In case a sports practitioner subject to a suspension period withdraws from sport

before they completed their compliance, while being excluded from the target groups of

controls out of competition, and later apply for their rehabilitation, albeit to

distinct modality of the one that originated the application of the sanction, this one can only be

granted after that sports practitioner notifies anti-doping organizations

competent and be subject to doping controls out of competition for a period

of time equal to the period of suspension that still restores it.

Article 71.

Integrated practitioners in the high-throughput system

Addressing sports practitioners integrated into the high-throughput system, the penalties

disciplars are accompanied by the following ancillary sanctions:

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a) Suspension of integration into the high-yield system while last the sanction

applied, in the first infraction;

b) Definitive exclusion of the high-throughput system, in the second infraction.

Article 72.

Communication of applied sanctions and registration

1-For the purpose of registration and organisation of the individual process, sports federations

communicate to the ADoP, within 8 days, all decisions rendered in the framework of the

doping control, regardless of whether they may be susceptible to

feature.

2-Sports federations shall also report to the ADoP all checks to

that the sports practitioners affiliated with the modality respects have been subjected

by other anti-doping organizations.

3-A ADoP must, up to the beginning of the respective sports season, communicate to all the

sports federations the list of practitioners who are meeting the period of

suspension referred to in Article 68, irrespective of the modality in which the

same was applied.

4-Sports federations with competitions in which participation of animals occurs

they must report to the ADoP the checks carried out and the results are respected.

SECTION V

Ancillary sports sanctions

Article 73.

Invalidation of individual results

1-A violation of an anti-doping standard in the context of a control in competition

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leads automatically to the invalidation of the individual result obtained in this competition

with all the resulting consequences, including the withdrawal of any medals,

points and awards.

2-A violation of an anti-doping standard that occurs during a sporting event

leads, upon decision of the entity responsible for the organisation, to the invalidation of

all individual results obtained by the sports practitioner during the same,

including the loss of all the medals, points and prizes that there are earned.

3-The provisions of the preceding paragraph shall not apply if the sports practitioner demonstrates that

at the origin of the infraction in question was not any culpable or negligent conduct of the

your part.

4-A The invalidation of the results referred to in paragraph 2 shall also apply in cases where,

as yet demonstrated the absence of guilt or neglect, the results of the practitioner

sports in other competitions of the same sporting event, other than the one in which

infraction has occurred to the anti-doping regulations, have been influenced by this.

Article 74.

Effects for teams, clubs or sporting limited companies

1-Case more than a sports practitioner of a team, club or anonymous society

sporting has been notified of the possibility of violation of a standard

anti-doping in the framework of a sports competition, the team, club or society

sports anonymous should be subject to a targeted check.

2-If it is established that more than one sports practitioner of the same team, club or

sport limited liability company incurred in the violation of an anti-doping standard during

a sporting event, can the aforementioned entities be disclassified or

become subject to another disciplinary measure.

Article 75.

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Cancellation of results in competitions held after the collection of the samples

In addition to the provisions of Article 73, all other sporting results achieved in

from the date on which the positive sample was collected, either in competition or out of

competition, or in which other violations of anti-doping standards have occurred, are annulled

with all the resulting consequences, until the beginning of the preventive suspension or the

suspension, except if another treatment is required by issues of equity.

CHAPTER VI

Final provisions

Article 76.

Mutual recognition

Without prejudice to the right of appeal, the ADoP acknowledges and respects the controls, the

authorisations of therapeutic use and the results of hearings or other final decisions

of any anti-doping organization or organization responsible for a competition or

sporting event that are in accordance with the World Anti-Doping Code and

with their competences.

Article 77.

Olympic Committee of Portugal and Paralympic Committee of Portugal

The provisions of Articles 12 to 14 and 39 shall apply, with the necessary adaptations, to the

Olympic Committee of Portugal and the Paralympic Committee of Portugal.

Article 78.

Professional leagues

Professional leagues constituted under the law may exercise, by delegation, the

powers that in the present law are committed to sports federations, in the terms that are

set out in the contract referred to in Article 23 of Law No 5/2007 of January 16.

Article 79.

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Regulation

The regulatory enforcement standards of this Law are established by the porterie of the

member of the member of the Government responsible for the area of sport.

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Attachment

Table

(referred to in Article 64)

Caption:

SASE-Mitigated Sanction for Specific Substances under Article 61.

SL-Accumulation of defaults in the framework of the Localization System and of controls declared as

not carried out

SAT-mitigated sanction based on excecional circumstances

SS-Santion standard

SAG-aggravated sanction

TRA-Trafficking or attempted trafficking and administration or attempted administration of substances and methods

forbidden.

Second

violation

First

Violation

SASE SL SAG SS SAG TRA

SASE 1-4 2-4 2-4 4-6 8-10 10-25

SL 1-4 4-8 4-8 6-8 10-25 25

SAT 1-4 4-8 4-8 6-8 10-25 25

SS 2-4 6-8 6-8 8-25 25 25

SAG 4-5 10-25 10-25 25 25 25

TRA 8-25 25 25 25 25 25