TJD-AD 2021-010 Disciplinary Decision - Football

In October 2020 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the football player after his A and B samples tested positive for the prohibited substance Isometheptene.

After notification 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 declined an acceptance of sanction of 6 months proposed by ABCD, accepted the test results and denied the intentional use of the substance. He requested for a reduced sanction due to No Significant Fault or Negligence.

He asserted that the source of the prohibited substance was an unprescribed medication Doralgin he had used for his headache. The Brazil Lab confirmed that the positive test result was consistent with the Athlete’s use of this medication. 

The TJD-AD Rapporteur finds that the presence of a prohibited substance has been established in the Athlete’s samples and accordingly that he committed an anti-doping rule violation.

The Rapporteur accepts that the violation was not intentional and that there are grounds for a reduced sanction in view of the Athlete’s degree of fault. Further the Rapporteur considers that in similar cases reduced sanctions were imposed by the TJD-AD and that there were delays in the proceedings not attributed to the Athlete. 

Therefore the TJD-AD Panel dedices on 22 April 2021 to impose a 12 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 1 September 2020.

Original document

Parameters

Legal Source
National Decisions
Date
22 April 2021
Arbitrator
Nicolau, Jean Eduardo Batista
Rocha, Selma Fátima Melo
Sabioni, Paulo Rogério Oliveira
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Case law / jurisprudence
Commencement of ineligibility period
Lex mitior
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Substantial delay / lapsed time limit
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
Autoridade Brasileira de Controle de Dopagem (ABCD) - Brazilian Doping Control Authority
Tribunal de Justiça Desportiva Antidopagem (TJD-AD) - Brazilian Sports Justice Anti-Doping Tribunal
Laboratories
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Analytical aspects
B sample analysis
Doping classes
S6. Stimulants
Substances
Isometheptene
Medical terms
Treatment / self-medication
Document type
Pdf file
Date generated
22 September 2021
Date of last modification
11 January 2022
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