TJD-AD 2019-024 Disciplinary Decision - Swimming

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In July 2019 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the swimmer after her sample tested positive for the prohibited substance Furosemide.

After notification the Athlete accepted a provisional suspension, filed a statement in her defence and was heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).

The Athlete denied the intentional use of the substance and asserted that her out-of-competition use of a contaminated product had caused the positive test. The Athlete argued that she was tested before without issues and that this product was recommended by a nutritionist affiliated to the Brazilian Olympic Committee.

Further she requested to lift the provisional suspension as she already had served 88 days of the suspension. In this matter it was necessary that she could participate in the FINA Championship in South Korea in December 2019 and in the 2020 Tokyo Olympic Games as part of the Brazillian team.

The Rapporteur accepts the Athlete's assertions and considers that the product was used in a context unrelated to sport performance, nor for weight loss, nor to mask other prohibited substances.

Therefore the TJD-AD decides on 11 October 2019 to lift the Athlete's voluntary provisional suspension immediately.

Original document

Parameters

Legal Source
National Decisions
Date
11 October 2019
Arbitrator
Baptista, Marta Wada
Moura, Humberto Fernandes
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Circumstantial evidence
No intention to cheat
No intention to enhance performance
Period of ineligibility
Provisional suspension
Sport/IFs
Swimming (FINA) - World Aquatics
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
Doping classes
S5. Diuretics and Other Masking Agents
Substances
Furosemide
Various
Contamination
Supplements
Document type
Pdf file
Date generated
18 July 2022
Date of last modification
22 January 2024
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