TJD-AD 2021-021 Appeal Decision - Football
September 14, 2021
In October 2019 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the football player after his A and B samples tested positive for the prohibited substance Enobosarm (Ostarine). After notification a provisional suspension was ordered and the Athlete filed a statement in his defence.
The Athlete denied the intentional use of the substance and stated that all the supplements he had used were provided by his football club. At first the analysis of these supplements in the Rio Lab did not reveal prohibited substances. Yet analysis of another batch of these supplements from a compounding pharmacy, provided to the Athlete after the Doping Control in August 2019, confirmed the presence of traces of Ostarine and Anastrozole in two products.
ABCD disputed the admissibility of the analysis of the second batch due to these supplements were compounded and provided to ABCD after the Doping Control and due to these supplements were delivered in unsealed condition.
The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
Based on the evidence the Rapporteur concludes that the violation was not intentional and that a contaminated supplement was the source of the positive test.
The Rapporteur considers that the Notification after 2 months hampered the Athlete in finding the source of the contamination, whereas he was tested before without issues. Further the Athlete's conduct was considered and his degree of negligence since he failed to mention his supplements on the Doping Control Form
Therefore the TJD-AD decides on 14 May 2021 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 8 August 2019.