Related case:
TJD-AD 2021-002 Disciplinary Decision - Football
January 29, 2021
In January 2021 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a reduced 15 month period of ineligibility on the football player after his sample tested positive for the prohibited substance Sibutramine related to the use of a contaminated product he had used.
Hereafter in March 2021 the Brazilian Doping Control Authority (ABCD) appealed the TJD-AD decision with the TJD-AD Appeal Panel and requested to impose a more severe sanction on the Athlete.
ABCD contended that the Athlete failed to demonstrate how the prohibited substance had entered his system due to a contaminated product. The Athlete claimed that the supplement Diet Stronger he had used to lose weight was the source of the positive test, yet because of the costs he had not ordered analysis of the this supplement in the Rio Lab.
The TJD-AD Arbitrator finds that the ABCD Appeal is admissible and deems that the Athlete failed to demonstrate how the substance had entered his system. The Athlete had declined the analysis of the supplement in question and thus not demonstrated that the positive test was the result of contamination.
Further the Athlete had not attended the hearing of the Appeal Panel for questioning in orde to verify the plausibility of the contamination claim. Althought the Athlete had checked the label of the product and conducted a research on the internet before using, he failed to mentioned the use of this supplement on the Doping Control Form.
Therefore the TJD-AD Appeal Panel decided on 22 May 2021 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 8 February 2020.
