TJD-AD 2021-007 Appeal Decision - Athletics

Related case:

TJD-AD 2021-005 Disciplinary Decision - Athletics
March 9, 2021

On 9 March 2021 the TJD-AD decided to impose a 4 year period on an Athlete after he tested positive for the prohibited substances Canrenone, Modafinil and Oxandrolone. Also a 4 year period of ineligibility was imposed on the Athlete's sports Doctor for the administration of these substances.

Hereafter the Doctor appealed the TJD-AD decision with the TJD-AD Appeal Tribunal.

The Doctor denied that he had acted intentionally and that the substances were used as prescibed medication for the treatment of the Athlete as an amateur in order to recover from his injuries. Yet ABCD's medical team deemed that Oxandrolone is an invalid medication for the treatment of injuries and Canrenone is only allowed with a TUE when other effective medications were unavailable.

The Rapporteur finds that the Doctor only sought a medical justification for the administration of the substances and that he ignored the breaches of anti-doping rules. Further the Rapporteur observes that the Doctor repeatedly failed to attend the hearings without a jusitification or due to unsubstantiated Covid-19 contraction.

In view of the anti-doping rules the Rapporteur rejected the Doctor's arguments for annulment of the Appealed Decision and concludes that the Doctor intentionally had administered the prohibited substances. There was also no medical justification for the application of these prohibited substances.

Therefore the TJD-AD Appeal Tribunal decides on 29 April 2021 to dismiss the Doctor's appeal and to uphold the sanction of a 4 year period of ineligibility imposed in the Appealed Decision.

Original document

Parameters

Legal Source
National Decisions
Date
29 April 2021
Arbitrator
Baptista, Marta Wada
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
Mantovaneli, Tayanne Coelho
Miranda, Martinho Neves
Moura, Humberto Fernandes
Nunes, Tatiana Mesquita
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Intent
Lex mitior
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Tempus regit actum
Sport/IFs
Athletics (WA) - World Athletics
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
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Doping classes
S1. Anabolic Agents
S5. Diuretics and Other Masking Agents
S6. Stimulants
Substances
Canrenone
Modafinil
Oxandrolone
Medical terms
Physical injury
Treatment / self-medication
Various
Athlete support personnel
Lack of cooperation / obstruction
Document type
Pdf file
Date generated
13 December 2021
Date of last modification
29 March 2022
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin