Related case:
TJD-AD 2021-016 Disciplinary Decision - Boxing
September 14, 2021
On 14 September 2021 the TJD-AD decided to impose a 9 month period of ineligibility on the boxer after he tested positive for the prohibited substance Enobosarm (Ostarine) in a low concentration. In First Instance the TJD-AD concluded that the violation was not intentional and was the result of a contaminated supplement.
Hereafter the Brazilian Doping Control Authority (ABCD) appealed with the TJD-AD Appeal Tribunal and requested to annul the Appealed Decision and to impose a sanction of 4 years.
ABCD and the prosecutor did not accept that a contamination had caused the positive test result. Further it contended that the Athlete had acted intentionally regarding his conduct with his supplements.
The Appeal Panel has serious doubts whether the compounding pharmacy in question had acted with utmost care considering the amount of prohibited substances it compounded and the high risk of supplement contamination. The Panel concludes that the Athlete had demonstrated how the substance had entered his system and that the violation was not intentional.
Furthermore the Panel holds that the Athlete was tested before without issues and that he had sought to find a reputable compound pharmacy for his supplements whereas he had acted with some degree of fault or negligence.
Therefore the TJD-AD Appeal Tribunal decides on 16 December 2021 to uphold the Appealed Decision of 14 September 2021 for the imposition of a 9 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e on 22 January 2021.
