Related case:
TJD-AD 2021-010 Disciplinary Decision - Cycling
July 1, 2021
On 1 July 2021 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 40 month period of ineligibility on the Athlete after he tested positive for the prohibited substance Higenamine related to a supplement he had used.
Hereafter the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Appeal and requested the Panel for a reduced sanction.
ABCD contended that the Athlete's violation was undisputed, yet asserted that there was no evidence that showed that this violation was committed intentionally.
The Rapporteur of the Appeal Tribunal assessed the Appealed Decision and the Athlete's conduct in this case and established that the Athlete after notification had accepted the test results and admitted the use of a product containing the prohibited substance.
The Rapporteur concludes that the Athlete's violation was not intentional and that the Athlete had acted with a degree of Fault or Negligence. This leads to a sanction of 2 years without grounds for a further reduction of the sanction.
Therefore the TJD-AD Appeal Tribunal by majority decides on 5 October 2021 to impose a reduced 24 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 21 January 2021.
