TJD-AD 2019-020 Appeal Decision - Football

On 12 July 2019 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 3 year period of ineligibility on the football player after he tested postive for the prohibited substance Dexamethasone.

Further the TJD-AD decided to impose a 2 year period of ineligibility on the Athlete's Doctor for the intentional administration of the prohibited substance.

Hereafter both the Athlete and the Doctor appealed the Disciplinary Decision with the TJD-AD Appeal Panel.

In view of the evidence in this case the Rapporteur establishes that the two medications the Athlete had mentioned on the Doping Control Form could not have caused the concentration Dexamethasone found in his sample. Without corroborating evidence the Athlete also failed to demonstrate that he had used a prescribed medication for a legitimate medical treatment, nor had he applied for a TUE.

Further the Rapporteur deems that the Athlete's doctor had acted in complicity with high degree of negligence whereas he denied any responsibility and involvement.

Therefore the TJD-AD Appeal Panel decides on 26 September to dismiss both appeals and to uphold the TJD-AD Disciplinary Decision of 12 July 2019.

Original document

Parameters

Legal Source
National Decisions
Date
26 September 2019
Arbitrator
Baptista, Marta Wada
De Rose, Eduardo Henrique
Ferreira, Alexandre
Miranda, Martinho Neves
Nunes, Tatiana Mesquita
Souza, Marcel
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Complicity
Legal Terms
Negligence
Period of ineligibility
Sole Arbitrator
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
S9. Glucocorticosteroids
Substances
Dexamethasone
Various
Athlete support personnel
Document type
Pdf file
Date generated
18 July 2022
Date of last modification
13 October 2022
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