In December 2020 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the cyclist after his sample tested positive for the prohibited substances Androsterone, 5β-androstane-3α,17β-diol, Clostebol, Etiocholanolone and Testosterone. In addition an anti-doping rule violation was reported against the Athlete's doctor as Athlete Support Personnel for the administration of the prohibited substances.
After notification a provisional suspension was ordered. The Athlete and his doctor filed statements in their defence and they were heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete denied the intentional use of the substances and he explained with medical evidence that he suffered from a condition. He and his doctor stated that for the treatment of hypogonadism these prescribed substances were used.
ABCD contended that only Testosterone is the proper medication as treatment for hypogoonadism. Yet there is no justification for the use of the other substances found in the Athlete's sample.
The Rapporteur finds that the presence of prohibited substances has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
The Rapporteur deems that the Athlete had committed the violation intentionally and considers that the Athlete had failed to apply for a TUE, nor had mentioned his medication on the Doping Control Form. In addition the doctor testified that he had only had administered Eposteron and Anastrozole, not the other substances.
Further the Rapporteur disputed the doctor's conduct as a specialist in sports medication because he had acted negligently through the administration of prohibited substances.
Therefore the TJD-AD decides on 14 October 2021:
- to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 7 December 2020; and
- to impose a 30 year period of ineligibility on the doctor, starting on the date of the Decision.
