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.