Related case:
TJD-AD 2021-019 Appeal Decision - Football
September 15, 2021
In December 2020 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the football player after his sample tested positive for the prohibited substance Clostebol.
After notification a provisional suspension was ordered. The Athlete requested to lift the provisional suspension and refused the ABCD's proposal for an Acceptance of Consequences. He filed a statement in his defence and was heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete denied the intentional use of the substance and asserted that there are grounds for No Significant Fault or Negligence.
He stated that cross contamination had caused the positive test and explained with evidence that his wife daily used the prescribed medication Novaderm - containing Clostebol - for her cervix. Through sexual intercourse thereupon the substance was transferred to his system whereas he was unaware that his wife was using this medication.
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.
Previously the TJD-AD already had lifted the Provisional Suspension and the TJD-AD Rapporteur considers that the Athlete was tested before without issues while there were similar contamination cases of male athletes in this matter.
The Rapporteur accepts the Athlete's explanation and evidence; he concludes that the violation was not intentional; and that the Athlete demonstrated how the substance entered his system. Further he deems that the violation occurred in a context unrelated to sport performance and that the Athlete established No Fault or Negligence and Exeptional Circumstances.
Therefore on 1 July 2021 the TJD-AD decides not to impose any sanction on the Athlete.
