In December 2020 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the cyclist after his sample tested positive for the prohibited substance Clomifene.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete admitted the violation, denied the intentional use of the substance, requested to lift the provisional suspension and for a reduced sanction. He argued that he only as amateur cyclist had participated in competitions and that he was unaware that the substance was prohibited in sport.
the Athlete asserted with medical documents that he had used the substance as treatment for his medical condition whereas his doctor confirmed that he had prescribed the medication Clomifene as treatment of his Hypogonadism sinds 2016.
The ABCD argued that the violation was intentional and rejected the Athlete’s statement. It contended that the Athlete had produced insufficient information about his medical condition, while Testosterone is the appropriate medication for the treatment of Hypogandism and not Clomifene.
The ABCD argued that the Athlete had received anti-doping education, yet failed to mention Clomifene as medication on his Doping Control Form, nor filed an application for a TUE. Also records show that the Athlete is clearly a professional cyclist who had participated in several official competitions.
The TJD-AD Rapporteur finds that the presence of a prohibited substance has been established in the Athlete’s sample and accordingly that he committed an anti-doping rule violation.
In view of the evidence the Rapporteur deems that Athlete acted intentionally and that there are no grounds for a reduced sanction. The Rapporteur regards that the Athlete indeed is a professional cyclist who participated in national and international competitions over the last 10 years.
The Rapporteur establishes that Clomifene is medically not a likely choice for the treatment of Hypogonadism, yet it can normalize Testosterone levels in men with Hypogonadism. Nevertheless the Rapporteur holds that the Athlete and his doctor acted negligently as they produced insufficient medical information about the condition and the treatment.
Futher the Rapporteur establish that the Athlete failed to mention the Clomifene as medication on the Doping Control Form while he had used the substance since 2016 and participated in many competitions with a significant risk of committing an anti-doping rule violation.
Therefore the TJD-AD Panel decides on 6 April 2021 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 19 January 2021.
