Decreto-Lei n.º 192/2002, de 25 de Setembro de 2002
Decreto-Lei n.º 192/2002 de 25 de Setembro O Decreto-Lei n.º 183/97, de 26 de Julho, criou um novo regime de prevenção e combate à dopagem, sendo o instrumento legal vigente sobre a matéria.
Nesse diploma estão, entre outras, definidas as competências para recurso das decisões jurisdicionais neste âmbito.
Sem prejuízo de uma reformulação posterior de todo o sistema de combate ao doping que este governo pretende, são, no entanto, absolutamente necessárias modificações urgentes naquele diploma, com vista a permitir ao Conselho Nacional Antidopagem uma intervenção directa nos casos concretos decididos pelos órgãos jurisdicionais de primeira instância das federações desportivas.
Com estas alterações eliminam-se os riscos de situações de doping ficarem apenas dependentes de recursos internos das federações, concedendo-se ao órgão máximo de combate ao doping a possibilidade de intervir, por qualquer tipo de decisão, nos processos concretos sobre esta matéria.
Assim: No desenvolvimento do regime jurídico estabelecido pela Lei n.º 1/90, de 13 de Janeiro, e nos termos da alínea c) do n.º 1 do artigo 198.º da Constituição, o Governo decreta o seguinte: Artigo 1.º É aditado um n.º 2 ao artigo 12.º do Decreto-Lei n.º 183/97, de 26 de Julho, com a seguinte redacção: 'Artigo 12.º Instância de recurso 1 - ....................................................................................................................
2 - Sem prejuízo da legitimidade conferida a outras pessoas ou entidades, é sempre admissível recurso por parte do Conselho Nacional Antidopagem de todas as decisões de arquivamento, absolvição ou condenação proferidas pelo órgão jurisdicional de primeira instância.'...
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