TJD-AD 2019-047 Disciplinary Decision - Football

Related case:

TJD-AD 2020-023 Appeal Decision - Football
April 1, 2020

In April 2019 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the football player after his A and B samples tested positive for the prohibited substance Cocaine.

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 (TJD-AD).

The Athlete admitted the violation and requested for a reduced sanction. He asserted that at the relevant time he suffered from a depression and had used Cocaine in a context unrelated to sport performance.

The Rapporteur finds that the presence of the prohibited substance has been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation.

Considering the evidence in this case the Rapporteur deems that the violation was not intentional and that the Athlete acted negligently.

The Rapporteur considers that the Athlete prior also had used Cocaine, rather that the substance was used to cope with his depression. Further the Rapporteur establishes that the Athlete only had consulted a psychiatrist about his depression after he had been tested positive and that he had not received regular psychological treatments.

Therefore the TJD-AD Panel decides on 17 October 2019 by majority to impose a 2 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 16 March 2019.

Original document

Parameters

Legal Source
National Decisions
Date
17 October 2019
Arbitrator
Miranda, Martinho Neves
Nunes, Tatiana Mesquita
Souza, Marcel Ramon Ponikwar
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Commencement of ineligibility period
Majority opinion
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
S6. Stimulants
Substances
Cocaine
Medical terms
Mental disorders
Various
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
19 July 2022
Date of last modification
12 October 2022
Category
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  • Education
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Country & language
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Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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  • Document category
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Publication period
Origin