Key Benefits:
1
BILL OF LAW NO. 889 /XII/4.
PROCEEDS TO THE SECOND AMENDMENT TO LAW No. 38/2012 OF August 28,
AMENDED BY LAW NO. 33/2014 OF June 16, WHICH APPROVES THE LAW
ANTI-DOPING IN SPORT, ADOPTING IN THE LEGAL ORDER
INTERNAL THE RULES ESTABLISHED IN THE WORLD CODE
ANTIDOPING
Exhibition of Motives
In March 2005, the World Anti-Doping Agency (AMA) organized the second
World Conference against Dopping, which proceeded in Copenhagen, in which it was
approved the World Anti-Doping Code. Considering the importance of harmonizing the
efforts put in the fight against doping, as well as to establish a legal framework
that would allow states to have the means and measures to eradicate doping in the
sport, Portugal 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
Anti-Doping World Code.
Consequently, Law No. 27/2009 of June 19 established the legal regime of the struggle
against doping in sport, so as to standardize national legislation with the
constant provisions in the World Anti-Doping Code of 2009.
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
2
that it is imperative to ensure that sport is to be 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.
In this context, by way of Law No. 38/2012, of August 28, the law was passed
anti-doping in sport, adopting in the internal legal order the rules laid down in the
Anti-Doping World Code.
On January 1, 2015, the new World Anti-Doping Code came into force, with,
therefore, the need for Portugal to adapt its legal regime of combating doping to the
new standards set forth in that Code. Enjoying much of the rules that
are listed in the current legal regime of the fight against doping in sport, the present project
of the law adopts the principles and structuring provisions of the World Anti-Doping Code of
2015, which will keep Portugal at the forefront of doping to doping.
The adoption in the internal legal order of the World Anti-Doping Code is a condition
determinant to achieve ethical and sporting truth.
Comparatively with the provisions of Law No. 38/2012 of August 28, amended by the Law
n ° 33/2014 of June 16, the present bill presents innovative solutions and
harmonized with the World Anti-Doping Code of 2015.
On the one hand, the new regime updates the definitions, so as to adapt them to the constants in the
new World Anti-Doping Code. Thus, in addition to the alteration of some already today
existing, consact, for the first time, the following definitions: "administration", " aid
considerable "," targeted control "," guilt "," out of competition "," biological passport
of the sports practitioner "," national-level sports practitioner "and" product
tainted ".
Still in accordance with the World Anti-Doping Code, the new regime introduces, in the
article 3, the concept of the biological passport of the sports practitioner as a means of
collection of data susceptible to demonstrating the use of a prohibited substance or of a
prohibited method.
The Anti-Doping Authority of Portugal (ADoP) passes on to access, collect, conserve
and proceed to the transfer, transmission or communication of data through the tool
3
international informatics ADAMS ( Anti-Doping Administration and Management System ),
as per the recommended recommendation in the international AMA standards, always in full
respect for the constitutionally enshrined limits.
Finally, in the matter of proof of doping and the sanctionatory regime, absolutely
fundamental in a perspetive of harmonizing the rules of combating doping,
significant changes are predicted.
It is anticipated, since soon, that the limitation period of the counterordinational procedure and
discipline pass from 8 to 10 years.
Two new types of violation of anti-doping standards are created, which go on to appear non
only in the catalogue of the disciplinary illicit, but also in that of the illicit of mere social ordering, the
know:
-The assistance, the encouragement, the aid, the instigation, the conspiracy, the cover-up or
any other form of collaboration for the violation of an anti-doping standard, or
attempt to breach an anti-doping standard, or to the violation of the prohibition of
take part in sports competition during a suspension period, on the other
person; and
-The association, in the quality of professional or other sporting scope, save if
succeed in demonstrating that the association did not occur in that quality, after
duly notified by the ADoP, the member of the support staff who:
i) Being subject to the authority of an anti-doping organization, be complying
a period of suspension of sporting activity;
ii) Not being subject to the authority of an anti-doping organization, has been
sanctioned criminal or disciplinarily, in the last six years or in period
superior, should the sanction be higher, by a conduct that would have been qualified
as violation of anti-doping norm, in the event that such behavior had been
applied for the legal regime of the fight against doping;
iii) Act as a representative or intermediary of a person who finds himself in one of the
situations provided for in the previous subparagraphs.
4
Within the framework of the illicit disciplinary one is devoting a new sanctionatory paradigm, more
flexible and appropriate to the principles of the dignity of the human person, of guilt and of
proportionality.
Thus, by way of the provisions of Article 61, it is anticipated that, in the event of a first infraction, in
rule, the penalty for suspension of sport physical activity applicable to the sports practitioner
is 2 years, in the case of negligence, and 4 years, in the case of dolo.
It is expressed still, in an express way, that the burden of proof of negligence or dolo,
treating themselves with specific substances or contaminated products, it becomes on the side
of the ADoP.
It also amends the regime of the second infractions, eliminating the table attached to the Act
n ° 38/2012 of August 28, amended by Law No. 33/2014 of June 16 and creating a
uno and more simplified regime.
The elimination or reduction scheme of the suspension period cede on the basis of
excectory circumstance, and may be applicable, in an ordinary manner, where if
find fulfilled the legal requirements set out in Article 67.
Finally, some modifications are introduced as to the period in which the practitioners
sports to be suspended, clarifying certain aspements concerning the
accounting for that period of time, the status of practitioners and the invalidation of
results.
So, in these terms, under the constitutional and regimental provisions
applicable, the undersigned Deputies, the PSD and the Parliamentary Groups of the PSD
CDS/PP, present the following Law Project:
Article 1.
Object
This Law proceeds to the second amendment to Law No. 38/2012 of August 28, amended by the
Law No. 33/2014 of June 16 approving the anti-doping law in sport, adopting in the
internal legal order the rules set out in the World Anti-Doping Code.
5
Article 2.
Amendment to Law No. 38/2012 of August 28
Articles 2, 3, 8, 11, 27, 32, 34, 35, 37, 38, 43, 59, 59, 59, 59, 59, 59, 59, 59, 59, 59
60, 61, 62, 64, 65, 69, 70, and 74, 70, and 74 of Law No. 38/2012 of August 28, 70.
amended by Law No. 33/2014 of June 16, they pass the following essay:
" Article 2.
[...]
[...]:
a) [...];
b) "Administration", the supply, provision,
supervising, facilitation or any other form of
participation in the use or attempt to use by another person of a
prohibited substance or method, excluding the performed actions of good
faith on the part of medical personnel involving prohibited substance or
prohibited method used for genuine and legal therapeutic purposes
or by other acceptable justification, as well as excluding the shares
involving prohibited substances that are not prohibited in
doping controls outside the competition, save if the circumstances
on their whole show that these substances are not intended for
genuine and legal therapeutic purposes or that they have for purpose
improve sports income;
c) [ Previous point (b) ];
d) [ Previous paragraph (c) ];
e) [ Previous point (d) ];
f) "Considerable aid", the complete revelation, through declaration
written and signed, of all the relevant information known
6
relatively to violations of anti-doping standards, as well as the
cooperation with research and decisions that are made
in any case related to such research;
g) [ Previous point (e) ];
h) [ Previous Article f )];
i) [ Previous Article g )];
j) "Directed control", the non-random selection for control of
sports practitioners or groups of sports practitioners,
as per the criteria set out in the international standard of
control and investigations of the AMA;
k) [ Previous Article i )];
l) [ Previous point j )];
m) "Guilt", the practice of a fact with dolo or negligence; are factors
to take into account in the assessment of the degree of guilt of a practitioner
sports or other person, for example, the degree of experience,
the menoress, the incapacity, the degree of risk that should have been
lost by the sports practitioner and the level of care
used in the assessment of that degree of risk; the assessment of the degree of
guilt of the sports practitioner or of another person must have in
consideration of the specific and relevant circumstances to explain
its deviation from the expected behavior;
n) [ Previous point l )];
o) [ Previous point m )];
p) [ Previous Article para. )];
q) [ Previous Article )];
r) [A previous point p )];
s) [ Previous point q )];
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t) "Out of competition", any period other than in
competition;
u) [ Previous point r )];
v) "Absence of guilt or negligence", the demonstration by part
of the sports practitioner, or by another person, of which he did not know or
suspected, and could not reasonably know or suspect, even
acting with the utmost prudence, which used or was administered to it
a prohibited substance, used a prohibited method or other
form has breached an anti-doping standard; case to the practitioner
sports, except if smaller, are detached substances,
markers or metabolites, has yet to demonstrate how such
elements have entered your body;
w) "Absence of guilt or significant negligence", the
demonstration by the sports practitioner, or by another
person, of which their fault or negligence, when analyzed in the
set of the circumstances and taking into account the criteria of
no fault or negligence, it was not relevant in what
respects the violation of the anti-doping standard; case to the practitioner
sports, except if smaller, are detached substances,
markers or metabolites, has yet to demonstrate how such
elements have entered your body;
x) [ Previous point u )];
y) [ Previous point v )];
z) [ Previous point w )];
aa) [ Previous point x )];
bb) [ Previous article y )];
cc) [ Previous point z )];
dd) [ Previous article aa )];
ee) "National Anti-Doping Organization", the entity designated as
8
authority responsible for the adoption and implementation of standards
anti-doping, conducting of the sampling, management of the
results of the analyses and conduct of hearings, at the national level;
ff) [ Previous paragraph cc )];
gg) [ Previous paragraph dd )];
hh) [ Previous point ee )];
ii) "Biological passport of the sports practitioner", the programme and the
methods for collection and compilation of data, as described in the
international standard of control and investigations and in the standard
international of laboratories, both of AMA;
jj) [ Previous Article ff )];
kk) "Support personnel", the natural person (s) or collective (s) that
work (m), collaborate (m) or watch (m) the sports practitioner who
participate in or prepare to participate in sports competition,
notably any trainer, leader, member of the team,
health professional, paramedic, father, mother and too many agents;
ll) [ Previous point hh )];
mm) [ Previous point (ii) )];
nn) "Practitioner of international level", the practitioner
sports that competes in a sports modality at level
international, in the terms defined by the respective federation
international sports, as provided for in the international standard
of control and investigations of the AMA;
oo) "Practitioner of national level", the sports practitioner
enrolled in a national federation that competes in a modality
sports at national or international level, but it is not
considered as a sports practitioner of international level;
pp) "tainted product", a product containing a substance
9
prohibited that is not referred to in the respecting label or in information
available through a reasonable research in the Internet ;
qq) [ Previous point kk )];
rr) [ Previous Article ll )];
ss) "Specific substance" means any prohibited substance, except the
substances belonging to the classes of anabolic agents and
hormone and the stimulants and hormones antagonists and
modulators, identified as such in the list of substances and
prohibited methods, with the category of specific substances being
does not include the prohibited methods;
tt) "Substance prohibited", any substance or group of substances
described as such in the list of prohibited substances and methods;
uu) [ Previous article oo )];
vv) "Trafficking", the sale, supply, transportation, shipping, delivery
or the distribution of a prohibited substance or a method
forbidden, either direct or by the recourse to systems
electronically or others, by a sports practitioner, his staff of
support or by any person subject to the jurisdiction of a
anti-doping organization, excluding the actions of good faith from personnel
doctor involving a prohibited substance used for purposes
genuine and legal therapies or other acceptable justification, in
face of what precedes 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
are intended for genuine and legal therapeutic purposes or are intended for
improve sports income;
ww) [ Previous paragraph qq )].
Article 3.
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[...]
1-[...].
2-[...]:
a) The mere presence of a prohibited substance, its metabolites or
markers, in a sample A from a sports practitioner, when the
sports practitioner prescinda of sample B analysis and sample B
not be analyzed, when sample B analysis confirms the presence
of a prohibited substance, of its metabolites or markers,
found in sample A or when sample B is separated into
two containers and the analysis of the second container confirm the presence
of the prohibited substance, of its metabolites or markers, present
in the first container;
b) [...];
c) The use or attempt to use a prohibited substance or a
method prohibited by a sports practitioner, demonstrated by
confession of the same, by statements of witnesses, by proof
documentary, by conclusions resulting from longitudinal profiles,
including data collected in the framework of the biological passport of the
sports practitioner, or by other analytical information that does not
meets the established criteria for the verification of a
violation of the anti-doping standards described in the paragraphs a ) and b );
d) The escape, 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;
e) The adulteration of doping control that is not considered
as a prohibited method, namely, the disturbance or attempt to
disturbance of the element responsible for doping control, the
delivery of fraudulent information to an anti-doping organization
or the intimidation or attempt to intimidate a potential
11
witness;
f) The absence of the submission within the established time frame, or the sending of
incorrect information, pursuant to the provisions of Article 7, by three
times, on the part of the sports practitioner in the space of 12 months
consecutive, without valid justification, after it has been properly
notified by the ADoP in relation to each of the phalings;
g) The verification of three controls declared as unrealized with
basis in the rules defined by the ADoP, in a period with the duration of
12 consecutive months, without valid justification, after the practitioner
sports referred to in Article 7 has been duly notified by
that authority in relation to each of the controls declared
as not carried out;
h) [...];
i) The possession in competition, on the part of a member of the staff of
support for the sports practitioner, who has connection with this, with the
competition or place of practice, of any substance or method
prohibited, or, outside of competition, of prohibited substance or method
that is interdict out of competition, except if it is demonstrated that
stems from a therapeutic use permit the practitioner
sporting or other acceptable justification;
j) The assistance, the encouragement, the aid, the instigation, the conspiracy,
the cover-up or any other form of collaboration for the
violation of an anti-doping norm, or attempted violation of a
anti-doping standard, or for the violation of the prohibition of participating in
sports competition during a period of suspension, for another
person;
k) The association, in the quality of professional or other of scope
sports, save if you can demonstrate that the association does not
occurred in that capacity, after duly notified by the
12
ADoP, the member of the support staff who:
i) Being subject to the authority of an organization
anti-doping, is fulfilling a period of suspension of the
sports activity;
ii) Not being subject to the authority of an organization
anti-doping, has been sanctioned criminal or
disciplinarily, in the last six years or in period
superior, should the sanction be higher, by a conduct that
would have been qualified as a violation of anti-doping standard,
if such behaviour had been applied to the scheme
legal of the fight against doping;
iii) Atue as a representative or intermediary of person who se
find in one of the situations provided for in subparagraphs
previous.
3-Any combination of three situations set out in the 3 f ) and g ) from the
previous number, in the space of 12 consecutive months, constitutes equally
a violation of anti-doping standards.
4-A ADoP must report to the AMA the facts that constitute violation of
anti-doping standards under the terms of the ( k ) of paragraph 2.
5-[ Previous Article No 4 ].
Article 8.
[...]
1-[...].
2-A ADoP releases the list of banned substances and methods from the
sports federations which, in the framework of the respective modalities, shall
adopt and give you publicity, as well as with the Olympic Committee of
Portugal, of the Paralympic Committee of Portugal, of the Order of Physicians, of the
Order of Pharmacists and the Order of Nursing.
13
3-[...].
4-[...].
Article 9.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-[...].
a) [...];
b) The sports practitioner, or someone else, can illide the presumption
referred to in the previous paragraph, if it proves that a fault occurred in the
compliance with applicable international standards.
6-[...].
7-When the default of the international standard of control and
investigations of the AMA does not give rise to a positive analytical result or the
any other violation of anti-doping standards, remain valid the
results of any analysis.
8-[...].
9-[...].
10-[...].
Article 11.
Authorization for therapeutic use
1-On the granting of a therapeutic use permit, as well as the
resource of a therapeutic use authorisation decision, apply
the criteria and rules set out in the World Anti-Doping Code and the standard
14
international of therapeutic use authorisations of the AMA, fit to
ADoP, through the Therapeutic Use Commission
(CAUT), proceed to the recetion, analysis and approval of the solicitations of
authorization of therapeutic use of prohibited substances and methods,
relatively the national-level sports practitioner, and to the respect
international sports federation, relatively the sports practitioner of
international level.
2-[ Previous Article No 1 ].
3-The sports practitioner has the right to appeal the decisions of the CAUT and
of the respected international sports federation, according to the
principles set out in the World Anti-Doping Code and the standard
international of therapeutic use authorisations of the AMA.
4-[ Previous Article No 3 ].
5-[ Previous Article No 4 ].
6-[ Previous Article No 5 ].
Article 18.
[...]
1-[...]:
a) [...];
b) [...];
c) [...];
d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
15
i) [...];
j) [...];
k) [...];
l) [...];
m) [...];
n) [...];
o) [...];
p) Assess the risks of new substances and methods, listened to the CNAD and
the CAUT;
q) To study and define the subjects and programmatic contents concerning the
training on doping, particularly with respect to the
training of sports practitioners, support staff, leaders and
coaches.
2-A research referred to in para. j ) of the preceding paragraph shall respect the
internationally recognized ethics principles, avoid administration
of doping substances and methods to sport practitioners and be only
conducted if there are guarantees that there is no abusive use of the
results for doping effects.
Article 27.
[...]
1-[...]:
a) Issue opinion, binding, as to the application on the part of
sports federations of sanctions, arising from the use, by
part of the sports practitioners, of specific substances, as such
defined in the list of prohibited substances and methods;
16
b) Issue opinion, binding, as to the elimination or reduction of the
period of suspension, in accordance with Article 67;
c) [ Repealed ];
d) [...].
2-[...].
3-The CNAD gathers, ordinarily, once in every three months and,
extraordinarily, whenever he is summoned by the president, by his
initiative or the solicitation of a third of its members.
4-[...].
5-[...].
Article 30.
[...]
The programmes referred to in the g ) of Article 18 (1) shall provide
up-to-date and correct information, particularly on the following subjects:
a) Authorisations of therapeutic use;
b) Consequences of doping at the level of ethics and health;
c) Rights and responsibilities of sports practitioners and staff
of support, in the context of the fight against doping;
d) [ Previous paragraph (c) ];
e) System of location of the sports practitioner;
f) [ Previous point (a) ];
g) [ Previous point (d) ];
h) Violations of anti-doping norms and respect sanctions.
Article 32.
[...]
17
1-The control consists of a sample collection operation, or samples,
of the sporting practitioner, simultaneously guarded, or guarded, in two
containers designated as A and B for laboratory examination, with the exception
of the blood samples concerning the biological passport of the practitioner
sport, which are guarded in a single container.
2-[...].
3-A collection operation is executed under the terms provided for in the law, in the Code
World Antidoping and the applicable international standards and it
assist, wanting, the doctor or the delegate of the clubs to which they belong
sports practitioners or, failing that, who these indicate to the effect.
4-To the operation referred to in the previous figures may still watch, wanting,
a representative of the respective sports federation or professional league and, if
required, a translator.
5-The doping controls, including the necessary for the return to the
practitioner competition included in target group that has withdrawn, are
carried out in the terms defined by this Law and supplementary legislation
and in accordance with the international standard of control and investigations of the
AMA.
6-[...].
7-The federations referred to in the preceding paragraph shall communicate to the ADoP, until
at the beginning of the sporting season, the control action programme to be carried out
effect, as well as, at the end of the sporting season, the result of them.
Article 34.
[...]
1-[...].
2-[...].
3-[...]:
18
a) [...];
b) [...];
c) The analysis to the sample contained in the single container, in the case of
blood samples collected in the framework of the passport
biological of the sports practitioner;
d) [ Previous paragraph (c) ].
Article 35.
Analysis and notification
1-Indicated a violation of anti-doping standards in the analysis of sample A and
not by checking the existence of a therapeutic use permit
or of a non-compliance of international standard of the AMA that motivates the
positive analytical result, the sports federation to which the holder belongs
of the same, the respective international sports federation and the AMA are
notified by the ADoP, in the following 24 hours, to which it previously consults
the ADAMS system, or any other equivalent system approved by the
AMA, with the purpose of veriating whether there is previous violation of standards
anti-doping.
2-[...]:
a) The positive result of sample A, as well as the anti-doping norm
breached;
b) The possibility for the sports practitioner concerned to apply for
realization of the analysis of the sample B, by the provision of collateral
obligatory before the target date for its realization, together with the IPDJ,
I.P., in the value of that sample, or, not being required, that this implies
the renunciation of this right;
c) [...];
d) The faculty of the sports practitioner concerned or his club if
find gifts or if they make themselves represent in the act of the analysis of the
19
sample B, within the time set in the international standard of
laboratories of the AMA, as well as that of appointing experts to
keep up with the realization of that stage;
e) The right of the sports practitioner to apply for copies of the documentation
laboratory relating to samples A and B, containing the information
provided for in the international standard of laboratories of the AMA.
3-[...].
4-[...].
5-[ Revoked ].
6-[...].
7-[...].
8-A analysis of the atypical results in the biological passport of the practitioner
sports and positive results in this same passport take place in the
terms set out in the international standard for control and investigations and in the
international standard for laboratories, both of AMA, owing to ADoP,
at the time when considering that there is a violation of a standard
anti-doping, notify the sports practitioner, stating the norm
contravening anti-doping and the fundamentals of rape.
9-In cases of violation of the anti-doping standard provided for in the a ) of paragraph 2
of Article 3, additional analyses may be carried out on the samples
collected, in the terms of the applicable international standards.
Article 37.
[...]
1-[...].
2-[...].
3-The sports practitioner is entitled, after being applied for suspension
preventive, to be heard with a view to presenting your arguments of
20
form to try to eliminate it.
4-Should the sports practitioner demonstrate that the violation of the standard
anti-doping is unindicatively related to a product
tainted, preventive suspension is eliminated, not being the decision
recurrable.
Article 38.
[...]
1-For the effective fulfillment of its mission and competencies, ADoP may
access, collect, conserve and proceed with the transfer, transmission or
data communication, through the ADAMS system, or from any other
equivalent system approved by the AMA, in the terms provided for in the Code
World Anti-Doping and with the limits set out in Article 42, relating to:
a) [...];
b) [...];
c) Doping control and management of results;
d) [...].
2-The data referred to in the preceding paragraph may only be used for the
finality of control and fight against doping in sport and for
application of sanctions in cases of criminal unlawful, counterordinational or
discipline.
3-[ Revoked ].
4-[ Revoked ].
5-The person responsible for the collection, conservation, access, transfer, transmission
or communication of the data is the president of the ADoP.
Article 42.
21
Limits to the processing of personal data
The public and private entities participating in the fight against doping in the
sport, through the ADAMS system, or any other equivalent system
approved by AMA, must carry out the personal data treatments with respect
by the following limits:
a) Process the personal data only for the purposes relating to the fight
against doping, always with transparency and respect for booking
of private life and of the rest rights, freedoms and guarantees
fundamental;
b) Treat at all times personal data as information
confidential;
c) Allow access to personal data on the terms set out in the Code
World Anti-Doping and the applicable international standards;
d) In the event of a transfer of personal data out of the Union
European, establish agreements or contracts written with the
recipients of the transferred information, to ensure a level
suitable for protection of the data;
e) Respect and comply with the technical security measures implemented
in the system and, where necessary, implement safety measures
additional, at the level of the anti-doping organization, to prevent access
to personal data by unauthorized persons;
f) Ensure that all users with system access profile
are properly informed and trained in respect of the modes
of use of the same safely.
Article 43.
[...]
1-[...].
2-The counterordinational procedure extinguishes, by the effect of prescription,
22
as soon as about the date on which the anti-doping norm violation occurred
has elapsed the term of 10 years.
3-The disciplinary procedure cannot be started decorated that are 10
years on the practice of the violation of anti-doping norm.
Article 49.
[...]
1-[...]:
a) The adulteration of doping control that is not considered
as a prohibited method, namely, the disturbance or attempt
of disturbance of the element responsible for doping control, the
delivery of fraudulent information to an anti-doping organization
or the intimidation or attempt to intimidate a potential
witness;
b) [ Repealed ];
c) [...];
d) The assistance, the encouragement, the aid, the instigation, the conspiracy,
the cover-up or any other form of intentional collaboration
for the violation of an anti-doping norm, or attempt to breach
of an anti-doping standard, or for the violation of the prohibition of
participate in sports competition during a period of
suspension, by another person;
e) The association to be a member of the support staff who find themselves in a
of the situations provided for in ( k ) of Article 3 (2).
2-[...].
3-[...].
4-[...].
23
Article 59.
[...]
1-[...].
2-[...].
3-A delegation of skills provided for in paragraph 1 has no place when, after
the existence of evidence of an infraction to anti-doping standards and before the
opening of the disciplinary procedure, the sports practitioner or any
member of the support staff, annul the inscription with the respective federation
sports-holder of the status of sporting public utility, competing,
in that case, to the ADoP the instruction of the disciplinary procedure and the application of the
disciplinary sanction provided for in the law.
4-In cases where the sports practitioner or any member of staff
of support proceed, after the opening of disciplinary procedure, to the cancellation
of the inscription to the respective sport federation holder of the status of
sports public utility, cesses the delegation of skills provided for in the
n. 1, competing for the ADoP the instruction of the disciplinary process and the application
of the disciplinary penalty provided for in the law.
5-[ Previous Article No 3 ].
6-[ Previous Article No 4 ].
7-In the event of non-compliance with the deadline referred to in paragraph 5, the federation
sports in question refers, within the maximum period of five days, the process
discipline to the ADoP that, in the same term, proceeds to its instruction and or to the
application of disciplinary sanction.
Article 60.
[...]
1-[...]
2-A The international sports federation and the AMA can intervene in the
24
process to defend the interests pertaining to combating doping in the
sport, in the general terms of law and, in particular, in the terms of the
Anti-Doping World Code.
3-[...].
Article 61.
Presence, use or possession of prohibited substances or methods
1-In the case of violation of the anti-doping standards provided for in points a ) a c ) and
h ) of Article 3 (2), the sports practitioner is punished, dealing with
first infraction:
a) With penalty of suspension for a period of four years, if the conduct
is practiced on a dolly basis;
b) With penalty of suspension for a period of two years, if the conduct
is practiced in the title of negligence.
2-In the case of violation of the anti-doping standards provided for in points a ) a c ) from the
Article 3 (2) relating to non-specific substances prohibited in
competition, it is presumed that that one was practiced with negligence, if the
sports practitioner prove that it occurred outside of competition in a context
not related to sports income, without prejudice to the
possibility of disposal or reduction of the suspension period in the
terms of the provisions of Article 67.
3-[ Previous Article No 2 ].
Article 62.
[...]
1-Dealing with specific substances, the provisions of the article apply
previous, cabling to the ADoP the demonstration of the doleful conduct of the practitioner
sporting.
2-In the case of violation of the anti-doping standards provided for in points a ) a c ) from the
25
Article 3 (2) relating to specific substances prohibited in
competition, it is presumed, inilidly, that that was practiced with
negligence, if the sports practitioner proves that it occurred outside
competition, without prejudice to the possibility of elimination or reduction of the
period of suspension in accordance with the provisions of Article 67.
Article 63.
[...]
1-To the sports practitioner who violates the anti-doping standards provided for in the
points d ), and ) and j ) of Article 3 (2) is applied to the following sanction of
suspension of sporting activity, dealing with first infraction:
a) Four years, if the conduct is practiced in the dolly title;
b) Two years, if the conduct is practiced in the title of negligence.
2-To the sports practitioner who violates the anti-doping standards provided for in the
point ( f ), g ) and k ) of Article 3 (2) is applied to the following sanction of
suspension of sporting activity, dealing with first infraction:
a) Two years, if the conduct is practiced in the dolly title;
b) One year, if the conduct is practiced in the title of negligence.
3-[...].
4-[...].
Article 64.
[...]
1-To the support staff of the sports practitioner who violates the standards
anti-doping provided for in points and ), i ), j ) of Article 3 (2) is applied to
following sanction of suspension of sporting activity, dealing with
first infraction:
26
a) Four years, if the conduct is practiced in the dolly title;
b) Two years, if the conduct is practiced in the title of negligence.
2-To the support staff of the sports practitioner who violates the standard
antidoping provided for in point (s) k ) of Article 3 (2) is applied as follows
sanction of suspension of sporting activity, dealing with first
infraction:
a) Two years, if the conduct is practiced in the dolly title;
b) One year, if the conduct is practiced in the title of negligence.
3-For the support staff of the sports practitioner who are professional of
health, the sanctions described in the previous figures are aggravated, in their
minimum and maximum limits, for double.
4-The provisions of paragraph 1, in relation to the violation of the anti-doping standard
provided for in paragraph i ) of Article 3 (2), applies to substances
specific, cabling to the ADoP the demonstration of the doleful conduct of the staff
of support from the sports practitioner.
5-[ Previous Article No 3 ].
6-[ Previous Article No 4 ].
Article 65.
[...]
1-In the case of second violation of anti-doping norm by a practitioner
sports or other person, is applied to the most gravy of the following penalties:
a) Six months of suspension of sporting activity;
b) Half of the period of suspension of sport activity applied to the
first violation of anti-doping norm, without any mitigation
resulting from the provisions of Article 67;
c) Double the period of suspension of sports activity applicable to the
second violation of anti-doping norm, should this be considered
27
as a first violation, without any mitigation resulting from the
provisions of Article 67.
2-[...].
3-In the case mentioned in the preceding paragraph, if the third violation involves
a violation of anti-doping standard in accordance with the provisions of paragraphs
f ), g ) and k ) of Article 3 (2) and Article 3 (3), the sports practitioner is punished
with penalty of suspension 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 10-year time frame relatively to the
date on which the first violation occurs, and must still observe the
provisions of the AMA and its practice.
Article 67.
Elimination or reduction of the suspension period
1-[...].
2-The sports practitioner or other person may eliminate his / her period of
suspension, if it proves that it was not at fault or was not negligent in the face of a
violation of anti-doping norm.
3-The sports practitioner or other person may reduce his / her period of
suspension, without prejudice to the provisions of paragraphs 5 and 6, prove that it did not have
significant blame or was not significantly negligent in the face of a
violation of anti-doping norm, the period of suspension being
reduced cannot be less than half of the penalty applicable to the case and the
eight years, in the event that the applicable penalty is 25 years.
4-Dealing with specific substances or contaminated products, the
reduction predicted in the previous number may vary between the warning and the
suspension of sporting activity for the period of two years.
5-A entity responsible for the process relating to a violation of standard
anti-doping may, prior to the final decision, suspend part of the period of
28
suspension, if the sports practitioner or other person provide an aid
considerable to that same entity or to the criminal authorities in the
discovery of violations of anti-doping, criminal, or disciplinary norms,
on the part of another person, with the suspension of the period in question being
depends on the severity of the violation of the anti-doping standard, as well as the
aid provided, may not be suspended more than three quarters of the duration
of the suspension period that would be applicable to the case, in the case of the
penalization applicable to be 25 years, the minimum duration of the period of
suspension is eight years.
6-The suspension period can be reduced by up to half, should the practitioner
sports or other person voluntarily admits the violation of norm
anti-doping before having received notification of the analytical result of the
sample collected that could indict such a violation and if, at that time,
there is no other proof of the violation.
7-The suspension period can be halved, at the minimum of two
years, in case the sports practitioner, in the situations provided for in points a ), d ) and
and ) of Article 3 (2), immediately confess to the violation of the standard
anti-doping after being notified of it, and upon preview
approval of AMA and ADoP.
8-[ Previous Article No 6 ].
9-In the situations of disposal or reduction of the suspension period must be
taken into account the provisions of the AMA and its practice.
Article 69.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
29
5-Any period of suspension complied with in the following decision which
comes to be an object of appeal is deducted in the total period of suspension that
come, the final, to be applied.
6-The sporting practitioner cannot benefit from any reduction in his
suspension period by the fact that, on a date prior to its suspension
preventive, having decided not to compete or to have been suspended by their team.
Article 70.
[...]
1-Who has been the subject of the application of a suspension sanction not
may, during the term of the same, participate, in what quality
for, in a competition or sporting event or in any activity
held on the aegis of a signatory of the World Anti-Doping Code,
of any of his or her associates or by clubs or sports associations,
both nationally and internationally.
2-[...].
3-[...]:
a) The competition or the event do not have a competitive level that
may qualify, directly or indirectly, to compete, or accumulate
points to be able to compete in a national championship or in a
competition or international sporting event and does not involve the
contact, be in what condition it is, with minors;
b) [...].
4-The sports practitioner subject to a period of suspension may resume the
practice with the team or use the facilities of the club or federation
sports during the last two months of the suspension period or in the
last quarter of the suspension period, whicheth is less.
5-In addition to the provisions of Article 72, the sports practitioner who viole a
anti-doping standard cannot benefit, during the period of suspension,
30
of supports or comholdings by the State, the autonomous regions
and of the local authorities or of any entity by those funded, save
if it manages to reduce the period of suspension, under Article 67.
Article 74.
[...]
1-[...].
2-[...].
3-[...].
4-[...].
5-A participation, in what quality is it, in a competition or event
sports in violation of the provisions of Article 70 (1) leads to the
invalidation of the result obtained and the application, on the part of the entity which
proceeded to the application of the initial sanction, of a new period of suspension
at the end of the period initially planned. "
Article 3.
Change of systematic
Section II of Chapter IV of Law No. 38/2012 of August 28, amended by the Law
n. 33/2014, of June 16, passes the following essay: " Access, rectification and
data communication ".
Article 4.
Addition to Law No. 38/2012 of August 28
They are deferred to Law No. 38/2012 of August 28, as amended by Law No. 33/2014, 16 of
June, the articles 42-A and 42.-B, with the following essay:
" Article 42.
31
Creation of the profile of sports practitioners and their support staff
ADoP can create a profile of sports practitioner or member of its staff
of support in the ADAMS system, or in any other approved equivalent system
by AMA, containing the following data:
a) Class of disability in which the sports practitioner with disabilities
compete;
b) Data relating to the competitive level of the sports practitioner;
c) Date of birth;
d) Photography;
e) Gender;
f) Inclusion in the target group;
g) Contact information, including electrolytic mail, telephone and
address;
h) List of national sports federations in which the practitioner
sporting or the member of the support staff are affiliated;
i) List of modalities and disciplines in which the sports practitioner
compete or in which the support staff is involved;
j) List, including names and contacts, of all other organizations
anti-doping nationals to which the sports practitioner or the staff of
support belong;
k) Nationality;
l) Name.
Article 42-B
Notification to sports practitioners and support staff
1-A ADoP notifies the sports practitioner and the members of his / her staff of
support of the creation of a profile in the ADAMS system, or any other
32
equivalent system approved by the AMA.
2-A notification referred to in the preceding paragraph shall contain the following
mandatory indications:
a) Categories of personal data processed;
b) Possible interconnections of personal data treatments;
c) Purposes to which the data and categories of entities are intended
who can be transmitted;
d) Form of exercise of the right of access to your data and your
rectification;
e) Identification of the entity responsible for the data, and where appropriate,
your representative;
f) Transfer of data to anti-doping organizations based on
third countries. "
Article 5.
Abrogation standard
The subparagraph shall be repealed. c ) of Article 27 (1), Art. 35 (5), paragraphs 3 and 4 of the
article 38, the point b ) of Article 49 (1), Articles 68, 71 and the Annex to the Act
n ° 38/2012 of August 28, amended by Law No. 33/2014 of June 16.
Article 6.
Republication
It is republished, in annex to this Act, of which it is an integral part, the Act No. 38/2012, of
August 28, with the current essay.
ANNEX
(referred to in Article 6)
Republication of Law No. 38/2012 of August 28
33
CHAPTER I
General provisions
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.
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 record, store, share and report information, so as to
assist the outorgants and AMA in their activities related to the fight
against doping, while complying with data protection legislation;
b) "Administration", the supply, provision, supervising,
facilitation or any other form of participation in the use or attempt to use
by another person of a prohibited substance or method, excluding the shares
performed in good faith by medical personnel involving prohibited substance
or prohibited method used for genuine and legal therapeutic purposes or by
other acceptable justification, as well as excluding the actions involving
prohibited substances that are not prohibited in doping controls outside the
competition, save if the circumstances as a whole demonstrate that these
substances are not intended for genuine and legal therapeutic purposes or that they have by
purpose to improve sports income;
c) "AMA" the World Anti-Doping Agency;
d) "Sample or organic sample" any biological material collected for
effects of doping control;
e) "Antidoping Authority of Portugal (ADoP)" the national organization
34
anti-doping;
f) "Considerable aid", the complete revelation, through written statement and
signed, of all the relevant information known regarding violations of
anti-doping standards, as well as cooperation with research and in the
decisions that are made in any case related to that
research;
g) "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;
h) "Doping control" the procedure that includes all acts and formalities,
from the planning and distribution of controls to the final decision,
in particular the information on the location of sports practitioners, the
collection and handling of the samples, the laboratory analyses, the
authorisations of therapeutic use, the management of the results, the hearings and the
resources;
i) "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;
j) "Directed control", the non-random selection for control of practitioners
sports or groups of sports practitioners, as per the criteria
set out in the international standard of control and investigations of the AMA;
k) "Control in competition" the control of the sports practitioner selected in the
scope of a specific competition;
l) "Out-of-competition control" any doping control that does not occur
in competition;
m) "Guilt", the practice of a fact with dolo or neglect; are factors to be had in
account in the assessment of the degree of guilt of a sports practitioner or other
35
person, for example, the degree of experience, the menority, the incapacity, the
degree of risk that should have been lost by the sports practitioner and the
level of care used in the assessment of that degree of risk; the assessment of the degree of
guilt of the sports practitioner or of another person must take into consideration the
specific and relevant circumstances to explain its deviation from the
expected behavior;
n) 'Collective sport' the sporting modality in which the replacement is allowed
of players in the course of the competition;
o) 'Individual Sport' the sporting modality that does not constitute a sport
collective;
p) "In competition" the period that starts in the twelve hours leading up to a
competition in which the sports practitioner will participate and that ends with the
end of the same and the sampling process, unless defined
Another way by the regulations of an international sports federation
or of another responsible anti-doping organization;
q) "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;
r) "International sporting event" the event in which the Olympic Committee
International, the International Paralympic Committee, a sports federation
international, the organisations responsible for major sporting events or
another international sports organisation constitutes the entity responsible for the
its realization or appoint the technical officers;
s) "National sporting event" the event involving sports practitioners of
national or international level and that does not constitute a sporting event
international;
t) "Out of competition", any period that is not in competition;
u) "Target group of sports practitioners" the group of sports practitioners,
identified by each international sports federation and the ADoP, in the
36
framework of the anti-doping programme;
v) "Absence of guilt or negligence", the demonstration by the
sporting practitioner, or by another person, of which he did not know or suspect, and not
could reasonably know or suspect, even acting with the largest
prudence, which used or was administered a prohibited substance, used
a prohibited or otherwise prohibited method has violated an anti-doping standard; case
to the sports practitioner, except if smaller, are detached substances,
markers or metabolites, has yet to demonstrate how such elements
have entered your body;
w) "Absence of guilt or significant negligence", the demonstration by part
of the sports practitioner, or by another person, of which 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; case to the sports practitioner, except if minor,
are detached substances, markers or metabolites, has yet to
demonstrate how such elements have entered their body;
x) "List of prohibited substances and methods" the prohibited substances and methods
prohibited from the porterie referred to in Article 8;
y) "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;
z) "Marker" a compound, group of compounds or biological parameters that
would indicate the use of a prohibited substance or a prohibited method;
aa) "Metabolite" any substance produced through a process of
biotransformation;
bb) "prohibited method" any method described as such in the list of substances and
prohibited methods;
37
cc) "International Standard" a standard adopted by the AMA as an element of
support for the World Anti-Doping Code;
dd) "Anti-Doping Organization" the entity responsible for the adoption of rules with
seen to trigger, implement or apply 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;
ee) "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
hearings, at the national level;
ff) "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;
gg) "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;
hh) "Participant" all the sports practitioner as well as his / her support staff;
ii) "Biological passport of the sports practitioner", the programme and methods of
collection and compilation of data, as described in the international standard of
control and investigations and in the international standard of laboratories, both of
AMA;
jj) "Person" means a natural person, an organization or other entity;
38
kk) "Support personnel", the natural person (s) or collective (s) who work (m),
collaborate (m) or watch (m) the sports practitioner who participates in or prepares
to participate in sports competition, namely any trainer,
leader, member of the team, health professional, paramedic, father, mother and
too many agents;
ll) "Possession" the current detention, physics, or the de facto detention of any substance
or prohibited method;
mm) "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;
nn) "Practitioner of international level", the sports practitioner who
compete in a sporting modality at the international level, on the terms
defined by the respective international sports federation, as scheduled
in the international standard of control and investigations of the AMA;
oo) 'National-level sports practitioner', the sports practitioner enrolled in a
national federation that competes in a sport modality at the national level
or international, but not considered as a sports practitioner of
international level;
pp) "contaminated product", a product that contains a prohibited substance that
is not referred to in the respective label or in information available through a
reasonable research on the Internet;
qq) "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;
rr) "Atypical analytical result" the report coming from a laboratory or from
39
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;
ss) "Specific substance" means any prohibited substance, except substances
belonging to the classes of anabolic and hormone agents and the stimulants
and hormone antagonists and modulators, identified as such on the list of
prohibited substances and methods, with the category of substances being
specific does not include prohibited methods;
tt) "Substance prohibited", any substance or group of substances described
as such in the list of prohibited substances and methods;
uu) "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;
vv) "Trafficking", the sale, supply, transportation, shipping, delivery or the
distribution of a prohibited substance or a prohibited method, or of
direct mode either by the resource to an electronic or other systems, by a
sports practitioner, its support staff or by any person subject to the
jurisdiction of an anti-doping organization, excluding the actions of good faith from
medical personnel involving a prohibited substance used for purposes
genuine and legal therapeutic or by other acceptable justification, in the face of
which precepts the AMA and its practice, as well as the actions involving
prohibited substances that are not prohibited in doping controls outside
of the competition, unless the circumstances in its whole demonstrate that
these products are not intended for genuine and legal therapeutic purposes or if
are intended to improve sports income;
ww) "Use" the use, application, ingestion, injection or consumption, under any
form, of any prohibited substance or the recourse to prohibited methods.
Article 3.
40
Prohibition of doping and violation of anti-doping standards
1-It is prohibited to doping to all sports practitioners in and out of competitions
sports.
2-Constituent violation of anti-doping standards by sports practitioners or the
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 the sample analysis B and sample B is not analyzed,
when sample analysis B confirms the presence of a prohibited substance,
of their metabolites or markers, found in the sample A or when the
sample B is separated into two containers and the analysis of the second container
confirm the presence of the banned substance, its metabolites or
markers, present in the first container;
b) The recourse to a prohibited method;
c) The use or attempt to use a prohibited substance or method
prohibited by a sports practitioner, demonstrated by confession of the same,
by statements of witnesses, by documentary evidence, by conclusions
resulting from longitudinal profiles, including data collected in the framework of the
biological passport of the sports practitioner, or by other information
analytics that do not fulfil the established criteria for the verification of a
violation of the anti-doping standards described in the paragraphs a ) and b );
d) The escape, the refusal, the resistance or the lack without valid justification to be submitted to
a doping control, in competition or out of competition, after the
notification;
e) The adulteration of doping control that is not considered as a method
prohibited, in particular, the disturbance or attempt to disruptive the
element responsible for doping control, the delivery of information
fraudulent to an anti-doping organization or the intimidation or attempt to
intimidation of a potential witness;
41
f) The absence of the submission within the established time frame, or the sending of information
incorrect, pursuant to the provisions of Article 7, for three times, on the part of the
sports practitioner in the space of 12 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 of 12 months
consecutive, without valid justification, after the sports practitioner referred to in the
article 7 having been duly notified by that authority in relation to
each of the checks declared as unfulfilled;
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, or, out of competition, of
substance or prohibited method that is interdict out of competition, except if
it is shown that it stems from a therapeutic use permit to
sports practitioner or other acceptable justification;
j) The assistance, the encouragement, the aid, the instigation, the conspiracy, the
concealment or any other form of collaboration for the violation of a
anti-doping standard, or attempt to breach an anti-doping standard, or
for the violation of the ban on participating in sports competition during a
period of suspension, by another person;
k) The association, in the quality of professional or other sporting scope, save
if you can demonstrate that the association did not occur in that quality, then
of duly notified by the ADoP, the member of the support staff who:
42
i) Being subject to the authority of an anti-doping organization, be the
to fulfil a period of suspension of sporting activity;
ii) Not being subject to the authority of an anti-doping organization, have
been sanctioned criminal or disciplinarily, for the past six years or in
upper period, should the sanction be higher, for a conduct that would have
been qualified as a violation of anti-doping standard, in case of that
behaviour had been applied to the legal regime of the fight against the
doping;
iii) Act as a representative or intermediary of a person who finds himself in a
of the situations provided for in the previous subparagraphs.
3-Any combination of three situations set out in the 3 f ) and g ) of the previous number,
in the space of 12 consecutive months, it is also a violation of the standards
anti-doping.
4-A ADoP must report to the AMA the facts that constitute violation of standards
anti-doping under the terms of the point k ) of paragraph 2.
5-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.
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 is higher than (euro) 100.
43
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.
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,
44
to be provided quarterly, and whenever any change occurs, in the twenty and
four hours precedent to the same, accurate and up-to-date information about your
location, particularly as it relates to the dates and places in which they are in drills or
evidence 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
advertising, as well as with the Olympic Committee of Portugal, of the Paralympic Committee
of Portugal, of the Order of Physicians, of the Order of Pharmacists and of the Order of the
Nurses.
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
sporting.
Article 9.
Proof of doping for disciplinary effects
1-The burden of proof of doping, for disciplinary purposes, falls on the ADoP, cabling-
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
45
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 the cases of Articles 67 and 68, 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 assumed that the laboratories accredited by the AMA that have effectuated the analyses
of samples complied with safety procedures established by the Standard
International of AMA Laboratories;
b) The sports practitioner, or another person, may ellide the presumption referred to in the
previous point if it proves that a failure to comply with the standards has occurred
applicable international.
6-Should you check the provisions of the paragraph b ) of the previous number, the burden of proving that
such non-compliance did not give rise to a positive analytical result recai on the
ADoP.
7-When the failure to comply with the international standard of control and investigations of the
AMA does not give rise to a positive analytic result or any other violation of
anti-doping standards, valid the results of any analysis remain valid.
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 analytical result or to the factual basis that
been 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
46
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.
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.
47
5-In cases not understood in the preceding paragraph, the solicitation is addressed to the ADoP.
6-Failure to comply with the duties arising from this article by the
health professionals in the context of the exercise of their duties with the practitioners
sporting it does not constitute, alone, cause of exclusion from the possible guilt of the practitioner
sports, without prejudice to criminal, civil or disciplinary liability in which
incur.
7-A violation of the duties mentioned in this article by a physician,
pharmacist or nurse practitioner is compulsorily participating in the respects orders
professionals.
Article 11.
Authorization for therapeutic use
1-On the granting of a therapeutic use permit, as well as the appeal of a
authorization decision for therapeutic use, the defined criteria and rules apply
in the World Anti-Doping Code and the international standard of authorizations
therapeutic of AMA, fit to the ADoP, through the Commission of Authorization of
Therapeutic Use (CAUT), proceed to the recetion, analysis and approval of the solicitations
of authorisation of therapeutic use of prohibited substances and methods,
relatively the national-level sports practitioner, and the respected federation
international sports practitioner, relatively the international level sporting practitioner.
2-A AMA has the right to review all the decisions of the Authorization Commission and
Therapeutic Use (CAUT).
3-The sports practitioner has the right to appeal the decisions of the CAUT and the respect
international sports federation, in accordance with the principles set out in the Code
World Antidoping and the international standard of authorizations of use
therapeutic of AMA.
4-A The plotting of the resource shall comply with the following principles and standards:
a) Hearing in a timely way;
b) Impartiality and independence;
48
c) Decision Celere, duly substantiated and in writing.
5-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.
6-A committee mentioned in the preceding paragraph shall decide on the appeal on time
maximum two days counted from its constitution.
Article 12.
Federative anti-doping regulations
1-Sports federations are obliged to adapt their regulation of control of
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
49
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 effected either in the competitions that do
part of national championships, whether in the remaining contests in the framework of
each modality;
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,
must be effected by lottery;
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 one can perform the
control and, as well, of the circumstances in which the control outside of
competition;
b) Definition of the selection methods of sports practitioners to be submitted 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 staff
50
of support for sports practitioners;
d) Definition of the disciplinary sanctions applicable to all actors in the
doping control procedure that violates the obligation of
confidentiality;
e) Tramping of the enquiry and disciplinary procedures aimed at penalizing
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 it competes
disciplinary decision;
f) Definition of cases in which clubs or public limited companies are penalised
sports, on the grounds of the violation of the anti-doping standards of the
respect for 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.
Corresponsibility of the support staff of the sports practitioner
1-Without prejudice to the provisions of Article 10, it is incumbent in particular on health professionals
that accompany in a direct way the sports practitioner to ensure that this se
abstain from any form of doping, and may not, by any means, make it difficult 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
51
consequences and, within the framework of the respective competences, take all action
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 the
doping in sport, notably 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:
52
a) Elaborate and apply the National Anti-Doping Program, heard the National Council
Anti-doping (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, whether
in drafting both in the application of the application of the 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 recetion of the therapeutic use permit requests of
prohibited substances or methods, proceeding to the forwarding respect to
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, of the
area of sport and health, pedagogical programmes, specifically campaigns
of information and education, with the purpose of raising the awareness of practitioners
sports, personal support for support and young people in general for the dangers and the
disloyalty of the doping;
h) To study and propose the appropriate legislative and administrative measures to the fight against the
doping in general and the control of production, marketing and illicit trafficking
of prohibited substances or methods;
i) To study and suggest the measures to be aimed at the coordination of national programmes of
fight against doping with the AMA guidelines, as well as compliance with 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 the
doping, particularly sociological, behavioural, legal and ethical studies
53
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 59;
n) Providing the services requested by other entities, national or foreign, in the
scope of the fight against doping in sport;
o) Follow up national technical participation in the different international fora
with responsibility in the fight against doping in sport;
p) Assess the risks of new substances and methods, listened to the CNAD and the CAUT;
q) To study and define the subjects and programmatic contents concerning the training
on doping, particularly with regard to the training of practitioners
sports, support staff, leaders and coaches.
2-A research referred to in para. j ) of the preceding paragraph shall comply with the principles of
internationally recognized ethics, prevent the administration of substances and methods
dopants to sports practitioners and be carried out only if there are guarantees that
there is no abusive use of the results for doping purposes.
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.
54
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 Dopping 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
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 to any institutions or bodies, national
or international;
b) Drive, coordinate and guide services, as well as approve the regulations and
55
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:
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:
56
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,
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-Exceeds the provisions of the last part of the previous number 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.
57
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
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.
Legal Office
Within the framework of the ADoP works the Legal Office, to which it competes:
a) Provide legal advice to the organs of ADoP;
b) Collaborate and participate in the drafting of legal, national and
international, relating to the fight against doping in sport;
c) Check compliance and proceed with the registration of federative regulations
anti-doping;
d) Instruct processes of counterordinance and analyze judicial impugments;
e) Provide technical support in the framework of the processes submitted to the AMA;
58
f) Inform, give advice and technically follow the procedures
administrative in the scope of the ADoP;
g) To ensure the remaining functions that are committed to you by the ADoP president.
Article 27.
Anti-Doping National Council
1-The CNAD is the advisory body of the ADoP, competing with it:
a) Issue opinion, binding, as to the application on the part of federations
sports of sanctions, arising from the use, by the practitioners
sports, of specific substances, as such defined in the list of substances
and prohibited methods;
b) Issue opinion, binding, as to the elimination or reduction of the period
of suspension, in accordance with Article 67;
c) [ Repealed ];
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;
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
59
Health Products, I. P.;
j) A representative of the Order of Nursings and another of the Order of the
Pharmacists;
k) A representative of the intervention service in the additive behaviors and in the
dependencies;
l) A representative of the Judiciary Police;
m) A former high-throughput sports practitioner, to be designated by the member of the
Government responsible for the area of sport;
n) A representative appointed by the own governing bodies of each Region
Autonomous.
3-The CNAD gathers, ordinarily, once in every three months and, extraordinarily,
whenever it is convened by the President, on his or her initiative or the solicitation of a
third of its members.
4-The CNAD may request the opinion of other national or international experts, always
may deem him necessary.
5-The mandate of the members of the CNAD has the duration of three years, renewable by equals
periods.
Article 28.
Commission for Authorization of Therapeutic Use
1-A CAUT is the body responsible for the analysis and approval of the authorizations of use
therapeutic.
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.
60
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 International Standard
of Authorization of Therapeutic Utilization of AMA.
7-The mandate of the CAUT members has the duration of three years, renewable by equals
periods.
Article 29.
Assurances from the members of the CNAD and the CAUT
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 30.
Pedagogical programmes
The programmes referred to in the g ) of Article 18 (1) shall provide information
updated and correct, particularly on the following subjects:
a) Authorisations of therapeutic use;
b) Consequences of doping at the level of ethics and health;
c) Rights and responsibilities of sports practitioners and staff of
support, in the context of the fight against doping;
d) Doping control procedures;
e) System of location of the sports practitioner;
f) Substances and methods that integrate the list of substances and methods
61
prohibited;
g) Nutritional supplements;
h) Violations of anti-doping norms and respect sanctions.
CHAPTER III
Control of doping
Article 31.
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.
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 32.
Realization of doping controls
1-The control consists of a sample collection operation, or samples, of the
sporting practicing, simultaneously guarded, or guarded, in two containers
designated as A and B for laboratory examination, with the exception of blood samples
relating to the biological passport of the sports practitioner, who are guarded in a
single container.
2-The control of alcohol is carried out through the method of expiratory analysis.
3-A collection operation is executed under the terms provided for in the law, in the World Code
Anti-doping and the applicable international standards and the she assists, wanting, the
62
medical practitioner or the delegate of the clubs to which they belong to the sports practitioners or, in their
foul, who these indicate to the effect.
4-The operation referred to in the previous figures may still watch, wanting, a
representative of the respective sports federation or professional league and, if necessary, a
translator.
5-The doping controls, including the necessary for the return to the competition of
practitioner included in target group that has withdrawn, are carried out on the terms
defined by this Act and supplementary legislation and in accordance with the standard
international monitoring and investigations of the AMA.
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, in the end
of the sporting season, the result of them.
Article 33.
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;
63
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 twenty-four hours.
Article 34.
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
to the respected anti-doping laboratory.
2-Laboratory examinations required for doping control are carried out in the LAD or
by other antidoping laboratories accredited by AMA, whenever the ADoP so
determining 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) The analysis to the sample contained in the single container, in the case of blood samples
collected in the framework of the biological passport of the sports practitioner;
64
d) Other supplementary examinations, to be defined by the ADoP.
Article 35.
Analysis and notification
1-Indicated a violation of anti-doping norms in the analysis of sample A and not if
checking the existence of a therapeutic use permit or a
non-compliance with international standard of AMA that motivates the analytical result
positive, the sports federation to which the holder of it belongs, the federation's respect
international sports and the AMA are notified by the ADoP, in the following 24 hours, the
which previously queries the ADAMS system, or any other equivalent system
approved by the AMA, with the purpose of veriating that there is previous violation of standards
anti-doping.
2-A The notified sports federation informs of the fact the sample holder and his club,
in the following twenty-four hours, expressly mentioning:
a) The positive result of sample A, as well as the anti-doping norm violated;
b) The possibility of the sports practitioner concerned requiring the realization of the
analysis of sample B, upon the provision of mandatory escrow before the date
intended for its realization, together with the IPDJ, I.P., in the value of that sample, or,
not being required, that this implies the renunciation of this right;
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
present or if they make themselves represent in the act of the sample B analysis, at the time
established in the international standard of AMA laboratories, as well as that of
appoint experts to monitor the achievement of that due diligence;
e) The right of the sports practitioner to apply for copies of the laboratory documentation
relating to samples A and B, containing the information provided for in the standard
international of AMA laboratories.
3-To the notifications referred to in this Article applies, in a subsidiary, to the provisions of
65
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-[ Revoked ].
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.
8-A The analysis of the atypical results in the biological passport of the sports practitioner and the
positive results in this same passport takes place in the terms set out in the standard
international for control and investigations and in the international standard for laboratories,
both of the AMA, owing to ADoP, at the time it considers that there is a
violation of an anti-doping standard, notify the sports practitioner, indicating the
contravening anti-doping norm and the fundamentals of rape.
9-In cases of violation of the anti-doping standard provided for in the a ) of Article 3 (2),
additional analyses may be carried out on the samples collected, in the terms of the standards
applicable international.
Article 36.
Supplementary examinations
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
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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 37.
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.
3-The sports practitioner is entitled, after the preventive suspension is applied, to be
heard with a view to presenting their arguments in such a way as to try to eliminate it.
4-Should the sports practitioner demonstrate that the violation of the anti-doping standard is
indicatively related to a tainted product, the preventive suspension is
eliminated, not being the recurrable decision.
CHAPTER IV
Access, rectification and communication of data
SECTION I
Databases and responsibility
Article 38.
Databases
1-For the effective fulfillment of its mission and competencies, ADoP can access,
collect, conserve and proceed with the transfer, transmission or communication of data,
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through the ADAMS system, or any other equivalent system approved by the
AMA, under the terms set out in the World Anti-Doping Code and with the limits
defined in Article 42, relating to:
a) Authorisations of therapeutic use;
b) Information on the location of sports practitioners;
c) Doping control and management of results;
d) Longitudinal profile of analytical results of organic samples.
2-The data referred to in the preceding paragraph may only be used for the purposes
of control and fight against doping in sport and for the application of sanctions in cases
of illicit criminal, counterordinational or disciplinary.
3-[ Revoked ].
4-[ Revoked ].
5-The person responsible for the collection, conservation, access, transfer, transmission or
communication of the data is the President of the ADoP.
Article 39.
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 liability, civil, criminal or intended in specific law, the violation
of confidentiality in the processing of personal data or other sensitive information
on doping control, on the part of the person responsible or by any leader,
officer or agent of the Public Administration, constitutes disciplinary infraction.
Article 40.
Responsibility of the leaders and personnel of sports entities
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
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subject to the duty of confidentiality regarding the subjects they meet on the grounds of
your activity.
2-Without prejudice to liability, civil, criminal or other intended in specific law, the
breach of confidentiality in the processing of personal data or other information
sensitive relative to doping control constitutes disciplinary infraction.
SECTION II
Access, rectification and assignment of data
Article 41.
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 42.
Limits to the processing of personal data
The public and private entities participating in the fight against doping in sport,
through the ADAMS system, or any other equivalent system approved by the AMA,
they must carry out the personal data treatments with respect for the following limits:
a) Process the personal data only for the purposes relating to the fight against the
doping, always with transparency and respect for the reservation of private life and
of the remaining rights, freedoms and fundamental guarantees;
b) Treat at all times personal data as confidential information;
c) Allow access to personal data on the terms set out in the World Code
Anti-doping and the applicable international standards;
d) In the event of the transfer of personal data out of the European Union,
establish agreements or contracts written with the recipients of the information
transferred, to ensure an adequate level of protection of the data;
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e) Respect and comply with the technical security measures implemented in the system
and, where necessary, implement additional security measures, at the level of the
anti-doping organization, to prevent access to personal data by people
unauthorized;
f) Ensure that all users with system access profile are
properly informed and trained with respect to modes of use of the
even safely.
Article 42-The
Creation of the profile of sports practitioners and their support staff
ADoP may create a profile of sports practitioner or member of its staff of
support in the ADAMS system, or in any other equivalent system approved by the AMA,
containing the following data:
a) Class of disability in which the sports practitioner with disabilities competes;
b) Data relating to the competitive level of the sports practitioner;
c) Date of birth;
d) Photography;
e) Gender;
f) Inclusion in the target group;
g) Contact information, including electrolytic mail, telephone and address;
h) List of national sports federations in which the sports practitioner or the
member of the support staff are affiliated;
i) List of modalities and disciplines in which the sports practitioner competes
or in which the support staff is involved;
j) List, including names and contacts, of all other national organizations
antidoping to which the sports practitioner or the support staff belong;
k) Nationality;
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l) Name.
Article 42-B
Notification to sports practitioners and support staff
1-A ADoP notifies the sports practitioner and the members of his / her support staff of the
creation of a profile in the ADAMS system, or in any other equivalent system
approved by AMA.
2-A notification referred to in the preceding paragraph shall contain the following particulars
mandatory:
a) Categories of personal data processed;
b) Possible interconnections of personal data treatments;
c) Purposes to which the data are intended and the categories of entities to whom
may be transmitted;
d) Form of exercise of the right of access to your data and rectification;
e) Identification of the entity responsible for the data, and where applicable, its
representative;
f) Transfer of data to anti-doping organizations based in countries
third parties.
CHAPTER V
Sanctionatory regime
SECTION I
General provisions
Article 43.
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
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of 10 years.
3-The disciplinary procedure cannot be started decorated that are 10 years on the
practice of the violation of anti-doping norm.
SECTION II
Criminal illicit
Article 44.
Trafficking in prohibited substances and methods
1-Who, intent on violating or violating anti-doping norms, and without that for such
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 45.
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
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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.
Article 46.
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 47.
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.
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Article 48.
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
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 49.
Counterorders
1-Constitute counterordinance for the purposes of the provisions of this Law:
a) The adulteration of doping control that is not considered as a method
prohibited, in particular, the disturbance or attempt to disruptive the
element responsible for doping control, the delivery of information
fraudulent to an anti-doping organization or the intimidation or attempt to
intimidation of a potential witness;
b) [ Repealed ];
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, the competition or the practice site, except demonstrating
which stems from a therapeutic use permit or other justification
acceptable;
d) The assistance, the encouragement, the aid, the instigation, the conspiracy, the
concealment or any other form of intentional collaboration for the
violation of an anti-doping standard, or attempt to breach a standard
anti-doping, or for the violation of the prohibition of participating in competition
74
sports during a period of suspension, by another person;
e) The association to be a member of the support staff who find themselves in one of the situations
provided for in paragraph k ) of Article 3 (2).
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.
4-A attempt and neglect are punishable.
Article 50.
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 51.
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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.
3-A attempt is punishable by the fine applicable to the consumptive counterordinance,
especially attenuated.
Article 52.
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 53.
Impugation of the fine
The decision to implement the fine, as well as the value set for it, are liable to
challenge to the Arbitral Tribunal of Sport.
Article 54.
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 55.
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
76
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
Illicit disciplinary
Article 56.
Disciplinary disciplining
1-Constitute illicit disciplinary the violation of the provisions of Article 3 (2) and (3), as well as
the violation of Article 37 (2).
2-The ducts provided for in Articles 44, 45 and 46 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 57.
Denunciation
Case, in the context of the investigation or disciplinary proceedings provided for in this Law, are
ascertained facts susceptible to indicting 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 58.
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.
Article 59.
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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-[ Revoked ].
3-A delegation of competences provided for in paragraph 1 has no place when, after the existence
of hints of an infraction to anti-doping standards and prior to the opening of the procedure
discipline, the sports practitioner or any member of the support staff, anule the
enrolment with the respected sports federation holder of the status of public utility
sports, competing, in that case, to the ADoP the instruction of the disciplinary process and the
application of the disciplinary sanction provided for in the law.
4-In cases where the sports practitioner or any member of the support staff
proceed, after the opening of disciplinary procedure, to the cancellation of the inscription with the
respects sport federation holder of the status of sports public utility, cessa a
delegation of competences provided for in paragraph 1, competing for the ADoP the instruction of the
disciplinary procedure and the application of the disciplinary sanction provided for in the law.
5-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.
6-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.
7-In the event of non-compliance with the deadline referred to in paragraph 5, the sports federation in
issue refers, within the maximum of five days, the disciplinary procedure to the ADoP that, in
identical term, proceeds to its instruction and or to the application of disciplinary sanction.
Article 60.
Challenge of disciplinary sanctions
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1-Without prejudice to the provisions of paragraph 3, the decisions of the federative disciplinary bodies, or
of the ADoP, which entail a disciplinary procedure are recurrable for the Court
Arbitral of Sport, having the ADoP always legitimacy to appeal if the decision does not
has been by you prowound.
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
general law and, in particular, under the World Anti-Doping Code.
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 61.
Presence, use or possession of prohibited substances or methods
1-In the case of violation of the anti-doping standards provided for in points a ) a c ) and h ) of paragraph 2
of Article 3, the sports practitioner is punished, treating himself with first infraction:
a) With penalty of suspension for a period of four years, if the conduct is
practiced in the dolly title;
b) With penalty of suspension for a period of two years, if the conduct is practiced
the title of negligence.
2-In the case of violation of the anti-doping standards provided for in points a ) a c ) of paragraph 2 of the
article 3, relating to non-specific substances prohibited in competition, presumed
that that one was practiced with negligence, if the sports practitioner proves that it occurred
out of competition in a context not related to sporting income, without
injury to the possibility of elimination or reduction of the suspension period on the terms
of the provisions of Article 67.
3-A attempt is punishable.
Article 62.
Specific substances
79
1-Treating specific substances, the provisions of the previous article shall be applied to the
ADoP the demonstration of the doleful conduct of the sports practitioner.
2-In the case of violation of the anti-doping standards provided for in points a ) a c ) of paragraph 2 of the
article 3, relating to specific substances prohibited in competition, presumed, of
inilishable form, which that was practiced with negligence, if the sports practitioner
prove that it occurred outside of competition, without prejudice to the possibility of elimination or
reduction of the period of suspension in accordance with the provisions of Article 67.
Article 63.
Other violations to anti-doping standards
1-To the sports practitioner who violates the anti-doping standards provided for in points d ), and ) and
j ) of Article 3 (2) is applied to the following sanction of suspension of activity
sports, dealing with first infraction:
a) Four years, if the conduct is practiced in the dolly title;
b) Two years, if the conduct is practiced in the title of negligence.
2-To the sports practitioner who violates the anti-doping standards provided for in the paragraph f ), g ) and k )
of Article 3 (2) shall be applied for the following sanction of suspension of sporting activity,
treating themselves to first infraction:
a) Two years, if the conduct is practiced in the dolly title;
b) One year, if the conduct is practiced in the title of negligence.
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 44, 45 and 46 is equally
punished disciplinarily with a suspension penalty of 4 up to 25 years, treating from the first
infraction.
Article 64.
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Sanctions on the support staff of the sports practitioner
1-To the support staff of the sports practitioner who violates the anti-doping standards
provided for in points and ), i ), j ) of Article 3 (2) is applied to the following sanction of
suspension of sporting activity, dealing with first infraction:
a) Four years, if the conduct is practiced in the dolly title;
b) Two years, if the conduct is practiced in the title of negligence.
2-To the support staff of the sports practitioner who violates the predicted anti-doping norm
in the paragraph k ) of Article 3 (2) is applied to the following sanction of suspension of activity
sports, dealing with first infraction:
a) Two years, if the conduct is practiced in the dolly title;
b) One year, if the conduct is practiced in the title of negligence.
3-For the support staff of the sports practitioner who is a health professional, the
sanctions described in the previous figures are aggravated, at their minimum limits and
maximum, for double.
4-The provisions of paragraph 1, in respect of the violation of the anti-doping standard provided for in the i )
of Article 3 (2), applies to the specific substances, to the ADoP to
demonstration of the doleful conduct of the support staff of the sports practitioner.
5-To the support staff of the sports practitioner who violates the period of suspension
preventive or effective, will start the suspension period count initially
tax, since the date of the violation of the suspension period.
6-To the support staff of the sports practitioner who practice the planned criminal ilocytes
in Articles 44, 45 and 46, the sanction of suspension of sporting activity is applied
for the period from 4 a to 25 years, for the first infraction.
Article 65.
Multiple violations
1-In the case of second violation of anti-doping norm by a sports practitioner or
another person, is applied to the most gravy of the following sanctions:
81
a) Six months of suspension of sporting activity;
b) Half of the period of suspension of sporting activity applied to the first
violation of anti-doping norm, without any mitigation resulting from the provisions
in Article 67;
c) Double the period of suspension of sporting activity applicable to the second
violation of anti-doping norm, should this be considered as a first
violation, without any mitigation resulting from the provisions of Article 67.
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 involves a violation
of anti-doping standard in accordance with the provisions of paragraphs f ), g ) and k ) of paragraph 2 and paragraph 3
of Article 3, the sports practitioner is punished with penalty of suspension for a period
from 8 a to 25 years.
4-Consideration of multiple violations, for the purposes of this article, those that
occur within a 10-year time interval regarding the date on which
occur the first violation, and the provisions of the AMA and its
practice.
Article 66.
Right to prior hearing
The sports practitioner or other person has the right, in either case, before it is
applied any penalty, to be heard with a view to presenting their arguments in a manner
trying to eliminate or reduce the sanction to be applied.
Article 67.
Elimination or reduction of the suspension period
1-A The application of any penalty lower than a suspension of the sporting activity of two
years has to be preceded, for the purpose of approval of the same, to appear prior
issued by the CNAD.
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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.
3-The sports practitioner or other person may reduce his / her suspension period, without
Injury to the provisions of paragraphs 5 and 6, if it proves that it did not have significant guilt or was not
significantly negligent in the face of a violation of anti-doping norm, the
reduced suspension period may not be less than half of the applicable penalty
to the case and to eight years, in case the applicable penalty is 25 years.
4-Dealing with specific substances or contaminated products, the targeted reduction
in the previous number may vary between the warning and the suspension of the activity
sports for the period of two years.
5-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
depends on the severity of the violation of the anti-doping standard, as well as the aid
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, being that in case the applicable penalty is
of 25 years, the minimum duration of the suspension period is eight years.
6-The suspension period can be reduced by up to half, should the sports practitioner or
another person voluntarily admits to the violation of anti-doping norm before it has
received notification of the analytic result of the collected sample that could indict
such a violation and if at that time there is no other evidence of the violation.
7-The suspension period can be halved, at the minimum of two years, case
the sports practitioner, in the situations provided for in the points a ), d ) and and ) of the Article 2 (2)
3., immediately confess to the violation of the anti-doping standard after being notified
of the same, and upon the prior approval of AMA and ADoP.
8-A The competent entity, after consultation with the CNAD, bases its decision on the facts
83
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.
9-In situations of disposal or reduction of the suspension period must be taken in
account for the provisions of the AMA and its practice.
Article 68.
Aggravation of the suspension period on the basis of aggravating circumstances
[ Revoked ]
Article 69.
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-Any period of suspension complied with in the following decision-making
feature object is deducted in the total hold period that comes, the final, to be
84
applied.
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 preventive suspension, it has decided not to
compete or have been suspended by their team.
Article 70.
Status during the period of suspension
1-Who has been the subject of the application of a suspension sanction cannot, during the
period of duration of the same, participate, in what quality is, in a competition or
sporting event or in any activity carried out on the aegis of a signatory of the
World Anti-Doping Code, from any of its associates or by clubs or
sports associations, both at the national and international level.
2-Excess from the provisions of the previous number to participation in authorized programs
of 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 four years, may, after serving four years of the suspension period,
participate in competitions or local sporting events of a different modality
of that in which the 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,
directly or indirectly, to compete, or accumulate points to be able to compete
at a national championship or in a competition or sporting event
international and do not involve the contact, be it in what condition it is, with minors of
age;
b) Remain subject to doping controls.
4-Sports practitioner subject to a period of suspension may resume training with the
team or use the facilities of the club or sports federation during the last
two months of the suspension period or in the last quarter of the suspension period,
depending on what is minor.
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5-In addition to the provisions of Art. 72, the sports practitioner who violates a standard
anti-doping cannot benefit, during the period of suspension, of supports or
comprised by the State, the autonomous regions and local authorities or
of any entity by those funded, save if it manages to reduce the period of
suspension, pursuant to Rule 67.
Article 71.
Rehabilitation control
[ Revoked ]
Article 72.
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:
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 73.
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 eight days, all decisions rendered in the framework of the
doping control, regardless of whether the same can 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 69, irrespective of the modality in which the
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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 74.
Invalidation of individual results
1-A violation of an anti-doping standard in the context of a control in competition
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.
5-A participation, in what quality is, in a competition or sporting event in
violation of the provisions of Article 70 (1) leads to the invalidation of the result obtained and to the
application, on the part of the entity that carried out the application of the initial sanction, of a new
period of suspension at the end of the period initially planned.
Article 75.
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Effects for teams, clubs or sporting limited companies
1-Case more than one 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 ascertained that more than one sports practitioner of the same team, club or society
sports anonymous unran in the violation of an anti-doping standard during a
sporting event, can the aforementioned entities be disclassified or stay
subject to another disciplinary measure.
Article 76.
Cancellation of results in competitions held after the collection of the samples
In addition to the provisions of Article 74, 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
Transitional and final provisions
Article 77.
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 Act, is effected within 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.
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Article 78.
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 79.
Olympic Committee of Portugal and Paralympic Committee of Portugal
The provisions of Articles 12 to 14 and 40 shall apply, with the necessary adaptations, to the
Olympic Committee of Portugal and the Paralympic Committee of Portugal.
Article 80.
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 81.
Regulation
The regulatory enforcement standards of this Law are established by the porterie of the
member of the Government responsible for the area of sport.
Article 82.
Abrogation standard
It is repealed the Act No 27/2009 of June 19.
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ANNEX
[ Revoked ]
Palace of Saint Benedict, April 30, 2015
The Deputies of the Parliamentary Groups of the PSD and the CDS-PP,
