TJD-AD 2019-216 Disciplinary Decision - Athletics

In September 2018 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the visually impaired Parathlete after his sample tested positive for the prohibited substances Metandienone and Oxandrolone.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).

The Parathlete accepted the test result and denied the intentional use of the substance. He asserted that he was hampered by the lack of anti-doping information in braille and he requested for a reduced sanction.

The Parathlete could not explain how the substances had entered his system. The supplements he had used did not list the prohibited substances and he requested analysis of his supplements at the expense of the ABCD.

The Rapporteur finds that the presence of the prohibited substances has been established in the Parathlete's sample and accordingly that he had committed an anti-doping rule violation.

The Rapporteur deems that the Parathlete failed to demonstrate with corroborative evidence that his supplements were the source of the prohibited substances. He considers that the Athlete's total blindness is a mitigating circumstance for the imposition of a reduced sanction.

Therefore the TJD-AD Panel decides by majority on 10 June 2019 to impose a 3 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 4 August 2018.

Original document

Parameters

Legal Source
National Decisions
Date
10 June 2019
Arbitrator
Baptista, Marta Wada
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
Majority opinion
Mitigating circumstances
Negligence
Period of ineligibility
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
Substances
Metandienone (17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Oxandrolone
Various
Education
Parathlete / Parasports
Supplements
Document type
Pdf file
Date generated
18 January 2022
Date of last modification
10 November 2022
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