TJD-AD 2021-013 Disciplinary Decision - Football

Related case:

TJD-AD 2021-023 Appeal Decision - Football
September 30, 201

In March 2021 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the football player after his A and B samples tested positive for the prohibited substances Hydrochlorothiazide and Sibutramine.

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

The Athlete denied the intentional use of the substances and he requested for a reduced sanction. He believed that the medical herbal supplement he had used - purchased on the internet - was the source of the prohibited substances.

Analysis of the open bottle of this supplement in question in the Rio Lab confirmed the presence of the prohibited substances, yet not in the sealed bottles of this product from the same batch that had been analysed.

The TJD-AD Rapporteur finds that the presence of  prohibited substances has been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation. 

The Rapporteur considered the circumstances and the Athlete's conduct in this case in view of the setbacks in his personal life and deems that the violation was not intentional.

The Rapporteur establishes that the label of the product did not list the prohibited substances although the Athlete failed to demonstrate sufficiently that this product in question was the source of the substances.

Further the Rapporteur regards that the Athlete acted with some degree of negligence whereas he had received anti-doping education and had not mentioned the supplement on the Doping Control Form.

Therefore the TJD-AD decides on 16 August 2021 to impose an 8 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 9 March 2021.

Original document

Parameters

Legal Source
National Decisions
Date
16 August 2021
Arbitrator
Barbosa, Tiago de Andrade Horta
Mansur, Fernanda Farina
Zveiter, Terence
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
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
S5. Diuretics and Other Masking Agents
S6. Stimulants
Substances
Hydrochlorothiazide
Sibutramine
Medical terms
Treatment / self-medication
Various
Contamination
Supplements
Document type
Pdf file
Date generated
2 March 2022
Date of last modification
20 October 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