Related case:
TJD-AD 2019-009 Disciplinary Decision - Football
August 18, 2020
Previously the football player was sanctioned for 2 years after he tested positive for the prohibited substances Furosemide and Sibutramine.
- This particular case is not based on pure antidoping legislation, but in a Brazilian sports code rule that states that no athlete could pursue measures on Judiciary system before sports instances are exhausted.
- The article (art. 231 of Brazilian Sports Justice Code) states that “pursue, before exhausting all sports justice instances, before the Judiciary system any matter related to sport discipline or competitions or have benefit from measures taken by third-parties” is sanctioned with: withdraw from the competition the athlete is taking part at and fine from R$ 100,00 (hundred reais) a R$ 100.000,00 (hundred thousand reais).
- It was found applicable by interpreting the first article of Brazilian Antidoping Code, that states, in its sole paragraph: “it’s considered a violation before Brazilian Antidoping Court not to comply with or delay the complying of decision, resolution, ordinance or agreement by Antidoping Court” (art. 1o, p.u.). The sanction is just a fine, in the same amount mentioned above.
- In this case, the athlete has presented a request before the Court of Arbitration for Sport (CAS) and, at the same time, tried to lift an antidoping violation sanction before Brazilian Judiciary system.
- The first instance of Brazilian Antidoping Court has declared itself incompetent for the matter and decided to send the case for analyses and trial of Brazilian Soccer specialized Court for disciplinary issues, since It considered the case to be only a disciplinary matter, not an antidoping issue.
- Nonetheless, the Brazilian Appeal Court decided differently and declared itself competent for the matter, insisting it was connected to antidoping, and because of that it should attract the competence of Brazilian Antidoping Court, as stated on Brazilian Sports Law.
- In the merit, the Brazilian Appeal Court decided that the athlete did not commit any fault, since he had already exhausted Brazilian antidoping court instances before trying to defy the matter before the Judiciary System. The matter was already at CAS, it’s not part of Brazilian sports jurisdiction.
