Related case:
TJD-AD 2021-007 Appeal Decision - Athletics
April 29, 2021
In September 2019 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the Athlete after he tested positive for the prohibited substances Canrenone, Modafinil, Oxandrolone.
Also the ABCD reported an anti-doping rule violation against the Athlete's sports doctor for the administration of these substances. After notification a provisional suspension was ordered and the Athlete and the Doctor filed a statement in their defence.
The Athlete admitted the violation and explained that the substances were used as prescribed medication to recover faster of his of persistent injury that hampered his sports participation.
Both the Athlete and the doctor were aware that prohibited substances were administered and claimed that the treatments were valid and only for medical purposes because he was an amateur athlete and not a professional athlete.
ABCD contended that the substances were used and administered intentionally to improve sports performance. It rejected the argument that he was an amateur because as an athlete he is anyhow submitted to the anti-doping rules.
Also ABCD arguded that the Athlete had fully participated in several competitions as high performace athlete while he had used these prohibited substances. Evidence of the alleged medical treatment was only provided at the end of the proceedings.
The TJD-AD Rapporteur agrees with the ABCD that the prohibited substances clearly intentionally were used and administered. In addition the Athlete had acknowledged that he failed to check his medication, nor had mentioned the substances and other medication on the Doping Control Form and had made no application for a TUE.
Therefore the TJD-AD decides on 9 March 2021 to impose a 4 year period on the Athlete, starting on the date of the provisional suspension, i.e. on 12 September 2019. Further a 4 year period of ineligibility is imposed on the Doctor, starting on the date of the hearing, i.e. 2 February 2021.
