O tratamento jurídico dos complementos alimentares no contexto da dopagem desportiva: análise à luz de políticas públicas internacionais e da Espanha

Abstract

In the field of doping suppression, there is a tenuous dividing line between food supplements and drugs. In this regard, it is especially alarming that such supplements may contain substances that are potentially toxic to athletes, components that are prohibited under antidoping regulations either by themselves, as prohormones or as metabolic products. In fact, a
large percentage of positive results in doping controls are due to the presence in, or contamination of supplements with substances listed in the well-known "Prohibited Substances and Methods List". On the other hand, we should point out that it is not only highlevel athletes who use this type of substance to compete more effectively: their use is widespread in certain social activities, such growing muscles or losing weight. In these cases, we often find people who do not practice a sport purely for "leisure" but rather, to achieve certain ideals of beauty through the design of their body shapes, such as bodybuilding— practices specifically aimed at the cultivation of the body, in gyms, fitness rooms and the like. Not only are these substances being used more widely, they are easy to obtain and there may be a lack of security and quality control. In this paper we intend to set forth, briefly but rigorously, the mix of legal issues around the extended use of (incorrectly) so-called "food supplements", trying to express in full the complex inventory of problems arising from the lack of ad hoc regulation in the field of doping in sport.

http://dx.doi.org/10.14195/1647-6336_14_10