A Violação à Regra Antidopagem Falha de Localização à Luz da Teoria Geral do Delito

Abstract

Through a dogmatic-legal methodological approach, based on specific normative, doctrinal, and jurisprudential research related to the object of analysis, the article aims to study the applicability of the constitutive elements of the general theory of crime (typicality, unlawfulness, and culpability) as interpretative elements of the anti-doping rule violation provided for in Article 121 of the Brazilian Anti-Doping Code (art. 2.4 of the World Anti-Doping Code) called ‘whereabouts failure.’ Based on the investigation of the evolution of the infraction in anti-doping legislation in the 2003, 2009, 2015, and 2021 World Codes, its current structure is presented, emphasizing the description of the violation in the current regulation and its peculiarities. Built on a doctrinal study, the components of the general theory of crime are also introduced, namely, typicality, unlawfulness, and culpability, which serve to interpret the ‘whereabouts failure’ violation as intended in this article. In the final part, grounded in such interpretation, the anti-doping violation of ‘whereabouts failure’ is thoroughly analyzed, including through the study of relevant precedents from the Court of Arbitration for Sport, allowing for the presentation of not only a reasonable interpretation of its current representation but also a critique of its current structure and a ‘lege ferenda’ suggestion for its future adaptation.