TJD-AD 2019-144 Appeal Decision - Football

Related case:

TJD-AD 2018-043 Disciplinary Decision - Football
May 22, 2018

The Football player received on 22 May 2016 a 6 month period of ineligibility after he tested positive for the prohibited substance Anastrozole, starting on the date of the provisional suspension, i.e. on 21 February 2018. In First Instance it was accepted that the violation was not intentional and the result of a contamined supplements produced in a compounding pharmacies.

Hereafter in May 2018 both the Athlete and the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Appeal Tribunal.

The Athlete asserted that analysis in an independent laboratory had established that the supplement in question was contaminated. Also he disputed the irregularities that occurred during the chain of custody.

The ABCD did not accept the test result and evidence of the contaminated supplement in question because ABCD had not been involved in the analysis in a laboratory as ordered by the Brazilian Football Confederation (CBF).

Nevertheless the Rapporteur considered the parties arguments and accepts the evidence and conclusions made in First Instance regarding the anti-doping rule violation and the contaminated supplement in the Appealed Decision.

Therefore the TJD-Appeal Panel decides on 15 December 2018 to dismiss the appeals filed by the Athlete and ABCD and to uphold the Appealed Decision.

Original document

Parameters

Legal Source
National Decisions
Date
15 February 2019
Arbitrator
Souza, Marcel
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
No intention to enhance performance
Period of ineligibility
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
Doping classes
S4. Hormone And Metabolic Modulators
Substances
Anastrozole
Various
Chain of custody
Contamination
Supplements
Document type
Pdf file
Date generated
7 December 2021
Date of last modification
4 January 2022
Category
  • Legal Source
  • Education
  • Science
  • Statistics
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Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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  • Document category
  • Document type
Publication period
Origin