TJD-AD 2019-039 Disciplinary Decision - Football

In February 2018 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the football player after his sample tested positive for the prohibited substance Fenoterol.

ABCD contended that the Athlete had committed a second anti-doping rule violation because the violation was committed after the Athlete had been notified that he had committed a first anti-doping rule violation.

In both proceedings the Athlete admitted the violation and demonstrated with evidence that the substance had been used as medication for his asthma which was mentioned on the Doping Control Form.

The Athlete asserted that ABCD's notification of his first anti-doping rule violation occurred on the same day he provided the second sample during his preparation for the match. Based on ne bis in idem and lis pendens the Athlete argued that he can't be prosecuted for one and the same anti-doping rule violation for which the TJD-AD already had imposed a sanction and appealed.

In view of the evidence the Rapporteur finds that ABCD has not proven that the Athlete was duly notified of his first anti-doping rule violation on the day of the second sample collection. The Rapporteur accepts that the two reported anti-doping rule violations must be considered as one single violation and that lis pendens had been established. Further the Rapporteur finds that the Athlete had not acted intentionally due to his Asthma, yet had failed prior to apply for a TUE.

Therefore the TJD-AD Panel decides on 16 October 2019 that the Athlete had not committed a second anti-doping rule violation due the principle of lis pendens.

Original document


Legal Source
National Decisions
16 October 2019
De Rose, Eduardo Henrique
Ferreira, Alexandre
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Adverse Analytical Finding / presence
Legal Terms
ADRV Notice
Burdens and standards of proof
Circumstantial evidence
Digital evidence / information
Multiple violations
Ne bis in idem
No intention to enhance performance
Period of ineligibility
Principle of lis pendens
Second violation
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
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Doping classes
S3. Beta-2 Agonists
Medical terms
Legitimate Medical Treatment
Therapeutic Use Exemption (TUE)
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Date generated
19 July 2022
Date of last modification
23 August 2022
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