TJD-AD 2021-021 Appeal Decision - Football

Related case:

TJD-AD 2021-014 Disciplinary Decision - Football
May 14, 2021


On 14 May 2021 the TJD-AD decided to impose a 2 year period of ineligibility on the football player after his A and B samples tested positive for the prohibited substance Ostarine.

In First Instance the TJD-AD accepted that the postive test result was caused by contaminated supplements the Athlete had used although the Athlete had acted with a degree of negligence.

Herafter the Brazilian Doping Control Authority (ABCD) appealed the TJD-AD decision with the TJD-AD Appeal Tribunal. ABCD requested the Appeal Tribunal for a sanction of 4 years and contended that the Athlete failed to demonstrate how the prohibited substance had entered his system.

ABCD asserted that the Athlete had not mentioned his supplements on the Doping Control Form and that the second batch of supplements in question were inadmissable for analysis because they were were delivered unsealed and were compounded after the Doping Control in August 2019. Also after 2 months the Athlete had not kept the empty supplement vials of the first batch.

The Appeal Tribunal agrees that under the Rules the Athlete failed to demonstrate that the violation was not intentional.
Therefore the TJD-AD Appeal Tribunal decides on 14 September 2021 to reform the Appealed Decision and to impose a 4 year period of ineligibility on the Athlete.

Original document

Parameters

Legal Source
National Decisions
Date
14 September 2021
Arbitrator
Albuquerque e Souza, João Antonio
Baptista, Marta Wada
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
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
Burdens and standards of proof
Circumstantial evidence
Intent
Negligence
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
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Analytical aspects
B sample analysis
Doping classes
S1. Anabolic Agents
Substances
Enobosarm (ostarine)
Selective androgen receptor modulators (SARMs)
Various
Contamination
Supplements
Document type
Pdf file
Date generated
13 December 2021
Date of last modification
25 January 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