Related case:
TJD-AD 2021-010 Appeal Decision - Football
May 22, 2021
In March 2020 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the football player after his sample tested positive for the prohibited substance Sibutramine.
After notification a provisional suspension was ordered and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete denied the intentional use of the substance and believed that the supplement Diet Stronger+ he had used to lose weight was the source of the prohibited substance. Yet he could not analyse this supplement because of the cost whereas his football club had also terminated his contract. The supplement was recommended to him in a supplement store and he had checked the label of the product before using.
The TJD-AD Rapporteur considers that a better anti-doping education and prevention is needed in the country instead of simply sanctioning any athlete. Regarding supplements the recommendation was made that athletes and their athlete support personnel improve the anti-doping education. Further the Rapporteur holds that there were delays in the proceeding not attributed to the Athlete.
In view of the circumstances the Rapporteur is willing to accept that the violation was not intentional, that the Athlete acted with No Significant Fault or Negligence due to a contaminated supplement, wheras the Athlete in his defence was financially unable to request analysis of his B sample, nor analysis of his supplement.
Therefore the TJD-AD Panel decides on 29 January 2021 to impose a 15 month period of inelibility on the Athlete, starting on the date of the sample collection, i.e. on 8 February 2020.
