TJD-AD 2021-022 Appeal Decision - Football

Previously the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 3 month period of ineligibility on the football player after he tested positive for the prohibited substance Cocaïne in a low concentration.

Hereafter the Brazilian Doping Control Authority appelad the Decision with the TJD-AD Appeal Tribunal and requested the Panel for the imposition of a 3 year period of inelibibility on the Athlete.

ABCD contended that the Athlete had denied the violation and failed to establish how the substance entered his system due to his lack of cooperation. Accordingly he failed to demonstrate that the use of Cocaïne occurred out-of-competition, nor in a context unrelated to sports performance.

In view of the evidence in this case the Rapporteur concludes that the Athlete's use of Cocaïne was not intentional and unrelated to sports performance, whereas the concentration found in the Athlete's sample was below the WADA threshold.

Therefore the TJD-AD Appeal Tribunal decides on 30 September 2021 to uphold the imposed sanction of 3 months on the Athlete starting on the date of the provisional suspension, i.e on 2 March 2021.

Original document

Parameters

Legal Source
National Decisions
Date
30 September 2021
Arbitrator
Albuquerque e Souza, João Antonio
Baptista, Marta Wada
Barbosa, Daniel Chieriguini
Ferreira, Alexandre
Miranda, Martinho Neves
Nunes, Tatiana Mesquita
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Period of ineligibility
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
Autoridade Brasileira de Controle de Dopagem (ABCD) - Brazilian Doping Control Authority
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
S6. Stimulants
Substances
Cocaine
Various
Lack of cooperation / obstruction
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
2 March 2022
Date of last modification
15 March 2022
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