TJD-AD 2018-052 Appeal Decision - Athletics
June 6, 2018
The Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the Athlete after his A and B samples tested positive for the prohibited substance Recombinant Human Erythropoietin (rhEPO).
Previously the Athlete was sanctioned for 2 months until December 2010 for the presence of Oxilofrine (methylsynephrine) and again sanctioned for 4 years until October 2016 for the presence of EPO.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Brazilian Sports Justice Anti-Doping Tribunal.
The Athlete denied the intentional use of the substance and asserted with evidence that he had used prescribed iron supplements as treatment for his condition.
The TJD-AD Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. Further the Panel considers that this is the Athlete's 3rd anti-doping rule violation and that there had been delays in the proceedings not attributed to the Athlete.
Therefore the TJD-AD Panel decides by majority on 13 March 2018 to impose a 30 year period of ineligibility on the Athlete, starting backdated on the date of the sample collection, i.e. on 9 June 2017.