Related case:
TJD-AD 2021-009 Disciplinary Decision - Football
July 1, 2021
In December 2020 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the football player after his sample tested positive for the prohibited substance Clostebol in a low concentration.
In this case cross contamination had caused the positive test due to the Athlete's wife had used the prescribed medication Novaderm - containing Clostebol - for her cervix. Through sexual intercourse thereupon the substance was transferred to the Athlete's system whereas he was unaware that his wife was using this medication.
As a result the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) concluded 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.
Hereafter in July 2021 ABCD appealed the TJD-AD decision with the TJD-AD Appeal Tribunal. ABCD requested the Panel to reform the Appealed Decision and to impose a 12 month period of ineligibility on the Athlete.
The Rapporteur concludes that the Athlete's violation was not intentional and that had been established how the prohibited substance had entered his system. Yet ABCD conteded that the Athlete acted with some degree of Fault or Negligence in this case.
Nevertheless in view of the evidence and exceptional circumstances in this case the Rapporteur finds that the Athlete No Fault or Negligence had been established on a balance of probabilities whereas there are no grounds for the imposition of a 12 month period of ineligibility.
Therefore the TJD-AD Appeal Tribunal decides by majority on 15 September 2021 to uphold the Appealed Decision and to dismiss ABCD's appeal.
