Related cases:
CAS 2007/A/1376 & 1370 FIFA & WADA vs Superior Tribunal de Justiça Desportiva do Futebo (STJD) & Confederacao Brasileira de Futebol (CBF) & Ricardo Lucas Dodô
September 11, 2008
In June 2007 the Confederaçãoo Brasileira de Futebol (CBF), the Brazilian Football Confederation, has reported an anti-doping rule violation against the Athlete Ricardo Lucas Dodô after his sample tested positive for the prohibited substance fenproporex.
On 24 July 2007 the CBF Disciplinary Commission decided to impose a 120 day period of ineligibility on the Athlete. The Athlete appealed against this decision with the Superior Tribunal de Justiça Desportiva do Futebol (STJD), the Brazilian High Sports Court of Football, which dismissed the CBF decision on 2 August 2007 due to the Athlete was victim of a contamination without acting negligent.
In September 2007 both FIFA and WADA appealed the STJD decision of 2 August 2007 with the Court of Arbitration for Sport (CAS). FIFA and WADA requested the CAS Panel to impose a 2 year period of ineligibility on the Athlete. On 11 September 2008 the CAS Panel decided to dismiss the STJD decision of 2 August 2007 and to impose a 23 month period of ineligibility on the Athlete (CAS 2007/A/1370 & 1376).
Hereafter the Athlete appealed the CAS Decision of 11 September 2008 with the Swiss Federal Court. The Athlete requested the Court to dismiss the CAS Decision and argued that CAS has no jurisdiction due to STJD decisions are undisputable for FIFA affiliated bodies.
However 9 January 2009 the Swiss Federal Court rules that CAS has jurisdiction and therefore dismissed the Athlete’s Appeal.
