Related case:
TJD-AD 2021-008 Disciplinary Decision - Cycling
April 5, 2021
In April 2021 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 4 year period of ineligibility on the cyclist after his sample tested positive for the prohibited substance Erythropoietin (EPO), starting on the date of the provisional suspension, i.e. on 13 November 2019.
Hereafter in April 2021 the Athlete appealed the Decision with the TJD-AD Appeal Panel and requested for a reduced sanction and the start of the sanction on the date of the sample collection.
In view of the evidence the Rapporteur finds that the presence of the prohibited substance has been established in the Athlete’s sample and accordingly that he intentionally had committed an anti-doping rule violation.
Further the Rapporteur holds that after notification the Athlete gave a prompt admission but declined to accept and Admission Agreement with a sanction reduction of 3 months.
The Rapporteur deems that there are no grounds for a reduction of the 4 year sanction, yet he considers that there were substantial delays in the proceedings not attributed to the Athlete to allow the start of the sanction on the date of the sample collection.
Therefore the TJD-AD Appeal Panel decides on 30 June 2021 to uphold the imposed 4 year period of ineligibility, starting on the date of the sample collection, i.e. on 27 September 2019.
