The strict liability principle in antidoping rules and the human rights of athletes: an approach critical

Abstract

Back Ground: the human lives in search of overrun at all levels, whether professional, emotional or in their interpersonal relationships. In the middle of sports this search becomes more visible, because hundredths of seconds can make the difference between the podium and the failure. Journals at any moment announces a new case of a positive doping in several sports. Objective: analyse the processes judged for doping in the STJD of the Brazilian athletism and verify if the pronounced sentences are in accordance with the Brazilian Constitution and with the Universal Declaration of the Human Rights. Materials and Methods: 18 cases were reviewed by the use of prohibited substance, between the years 2003 to 2006 by the STJD of Athletism. Results: of the 18 cases examined only 3 were acquitted by the STJD, however, these three, two have met suspension for two years, in order that WADA, not satisfied with the results asked the International Federation (IAAF) to analyze them, and after guided them to the Court of Arbitration Sports (CAS). Conclusion: the rule of objective responsibility are not in accordance with the Brazilian Constitution and with the Universal Declaration of the Human Rights, leading athletes to respond irrespective proven their guilt.