TJD-AD 2018-128 Disciplinary Decision - Football

In January 2018 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the football player after his A and B samples tested positive for the prohibited substance Fenoterol. After notification a provisional suspension was ordered ant the Athlete filed a statement in his defence.

The Athlete admitted the violation and explained with medical evidence that on the day of the sample collection he suffered from an asthma attack and had used medication as treatment that contained the prohibited substance.

The Athlete argued the he was unaware that his medication was prohibited, while he was tested before without issues. He requested to lift the provisional suspension and for a reduced sanction.

ABCD contended that the Athlete had acted negligently with his medication because he had failed to inform his football club about his asthma. Prior he had not applied for a TUE, nor applied for a TUE after the positive test result. Rather he had used the substance deliberately and intentionally for sport.

The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that he had committed an anti-doping rule violation.

The Rapporteur accepts that the violation was not intentional and the result of the Athlete's use of his medication. In view of the Athlete's conduct the Rapporteur deems that he had acted with a degree of negligence. Further the substantial delays in the proceedings were considered not attributed to the Athlete.

Therefore the TJD-AD decides on 13 December 2018 to impose a 12 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 26 November 2017.

Original document

Parameters

Legal Source
National Decisions
Date
13 December 2018
Arbitrator
Moura, Humberto Fernandes
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Circumstantial evidence
Negligence
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Substantial delay / lapsed time limit
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
Laboratories
Los Angeles, USA: UCLA Olympic Analytical Laboratory
Doping classes
S3. Beta-2 Agonists
Substances
Fenoterol
Medical terms
Asthma
Legitimate Medical Treatment
Document type
Pdf file
Date generated
7 December 2021
Date of last modification
4 January 2022
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