TJD-AD 2021-027 Appeal Decision - Football

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On 27 September 2021 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 2 month period of ineligibility on the football player after his A and B samples tested positive for the prohibited substance Dexamethasone.

Here the Athlete admitted the violation and explained that he had received medication for his injury administered by a physiotherapist. The Athlete believed that the physiotherapist possibly had administered a medication containing a prohibited substance.

In First Instance the Rapporteur deemed it plausible that the Athlete's violation was not intentional and that he had demonstrated how the substance had entered his system with grounds for No Significant Fault or Negligence.

Hereafter the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Appeal Tribunal and requested for a sanction of 4 years.

ABCD finds that there were insufficient grounds in the Appealed Decision for the imposed sanction of 2 months. It contended that the Athlete failed to establish how the substance had entered his system because the medication Cytoneurin in question does not contain Dexamethasone. Also there was evidence that this medication was purchased by the club just 23 days after the sample collection.

The Rapporteur of the Appeal Tribunal upholds the conclusion that the Athlete's violation was not intentional. Yet, he agrees with ABCD's contention that the Athlete failed to demonstrate how the prohibited substance had entered his system.

Therefore the TJD-AD Appeal Tribunal decides on 12 November 2021 to impose a 24 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 12 August 2019.

Original document

Parameters

Legal Source
National Decisions
Date
12 November 2021
Arbitrator
Albuquerque e Souza, João Antonio
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
Nicolau, Jean Eduardo Batista
Nunes, Tatiana Mesquita
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Burdens and standards of proof
Circumstantial evidence
No intention to enhance performance
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
Analytical aspects
B sample analysis
Doping classes
S9. Glucocorticosteroids
Substances
Dexamethasone
Medical terms
Legitimate Medical Treatment
Physical injury
Various
Athlete support personnel
Document type
Pdf file
Date generated
2 March 2022
Date of last modification
18 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