TJD-AD 2021-011 Appeal Decision - Cycling

In August 2020 the Brazilian Doping Control Authority (ABCD) reported two anti-doping rule violations against his the cyclist for evasion and tampering. The Athlete claimed that he immediately had left the competition in July 2019 because his wife was admitted in the hospital. 

The ABCD investigation revealed that the Athlete’s wife had not been involved in a hospital admittance at all, the Athlete gave false statements and the corroborating medical documents he had provided were falsifications. Accordingly an 8 year period of ineligibility was imposed on the Athlete for committing two separate anti-doping rule violations. 

Hereafter the Athlete appealed the Decision with the TJD-AD Appeal Panel. In his defence the Athlete denied the charges, disputed the delays in the proceedings and refuted with explanations the charges. 

Based on the evidence in this case the TJD-AD Rapporteur rejected the Athlete’s assertions regarding the notification, the role of a corroborating witness and the alleged hospital admittance of his wife. Further the Rapporteur holds that the delays in the proceedings were attributed to the Athlete because the ABCD had to conduct an investigation into the Athlete’s assertions.

Accordingly the Rapporteur concludes that the Athlete intentionally had committed an anti-doping rule violation for evasion and thereafter had committed a second anti-doping rule violation for tampering. 

Therefore the TJD-AD Appeal Panel decides on 22 May 2021 to dismiss the Athlete’s appeal and to confirm the imposition of an 8 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 13 August 2020.

Original document

Parameters

Legal Source
National Decisions
Date
22 May 2021
Arbitrator
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
Gonçalves, João Guilherme Guimarães
Miranda, Martinho Neves
Moura, Humberto Fernandes
Nunes, Tatiana Mesquita
Rodriguez Miranda, Deyanira
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Evasion
Tampering / attempted tampering
Legal Terms
Circumstantial evidence
Second violation
Substantial delay / lapsed time limit
Sport/IFs
Cycling (UCI) - International Cycling Union
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
Various
Anti-Doping investigation
Falsification / fraud
Lying / false statement
Document type
Pdf file
Date generated
12 October 2021
Date of last modification
11 January 2022
Category
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  • Education
  • Science
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  • Legal Terms
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  • Analytical aspects
  • Doping classes
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  • Various
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