PORTUGAL Law and Practice Contributed by: Miguel Santos Almeida, Maria Novo Baptista and João Saúde, Sérvulo & Associados
Sérvulo & Associados Rua Garrett, No 64 200-204 Lisboa Portugal Tel: +351 210 933 000 Fax: +351 210 933 001/2 Email: geral@servulo.com Web: www.servulo.com/en/
1. Athlete Conduct, Integrity and Enforcement 1.1 Anti-Doping Regimes The use and trafficking of prohibited substances or methods are forbidden and sanctioned under Portu - guese law. All events are subject to Law No 81/2021 of November 30th, which approved the new Anti-Doping Law in Sports in Portugal and incorporates into the Portuguese jurisdiction the rules and procedures of the World Anti-Doping Agency (WADA). One of the most significant changes introduced by Law No 81/2021 is the establishment of a regime of strict liability for athletes, according to which the violation of anti-doping rules by an athlete no long - er depends on proof of the athlete’s personal fault, whether intentional or negligent, with respect to the use of prohibited substances or methods. The Portuguese Anti-Doping Authority (ADoP) is the entity with authority to control and implement relevant measures and procedures in the context of the fight against doping in Portugal. Notably, the list of forbid - den substances and methods is subject to annual review by ADoP, with subsequent approval and pub - lication by the government. Pursuant to the Anti-Doping Law in Sports, the infringement of anti-doping rules may be sanctioned as a criminal offence (with penalties of up to five years of imprisonment), an administrative offence (subject to a fine of up to EUR9,996) and a disciplinary offence (subject to suspension of up to 25 years). There is the possibility of entering into a settlement agreement, which may be requested by the athlete or another
person before ADoP, with ADoP agreeing to reduce the period of suspension based on an assessment conducted jointly by ADoP and WADA. There are no significant doping cases in Portugal. 1.2 Misconduct and Match-Fixing Law No 14/2024 of January 19th establishes the legal framework for the integrity of sports and the fight against anti-sporting conduct, which has been a growing concern worldwide, especially as the turnover of territorially based and online sports betting grows. Regarding match fixing and the manipulation of sports results, Law No 14/2024 establishes that the use of means aiming to artificially alter the results of sports events is considered a criminal offence punishable by imprisonment for up to eight years. Match fixing may also lead to the application of ancil - lary penalties, such as suspension from sports com - petitions for up to three years, privation of the right to receive public subventions and a prohibition on per - forming sporting duties for up to five years. Mandatory reporting is also imposed whenever sports agents become aware of or suspect anti-sporting con - duct contrary to the values of truth, fairness and cor - rectness and likely to fraudulently alter a sports com - petition or its result. They must immediately report it to the Public Prosecutor’s Office. Law No 14/2024 also stipulates the creation of a plat - form to monitor the manipulation of evidence, with experts appointed by the Attorney General’s Office, the Judiciary Police, the Portuguese Olympic Commit -
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