TJD-AD 2019-049 Appeal Decision - Athletics

On 7 June 2019 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a 3 year period of ineligibility on the Parathlete after he tested positive for the prohibited substances Metandienone and Oxandrolone.

Hereafter in August 2019 the World Anti-Doping Agency (WADA) appealed this decision with the TJD-AD Appeal Panel and requested for a 4 year period of ineligibility.

The Athlete alleged that contaminated supplements were the source of the positive test. Yet WADA contended, supported by the IPC, that the Athlete had failed to establish that he had acted without fault or negligence whereas his relative blindness was no ground for a reduced santion.

The Appeal Panel finds that it was undisputed that the presence of two prohibited substances had been established in the Athlete's sample and accordingly that he had committed an anti-doping rule violation. Further the Appeal Panel determines that the Athlete had failed to demonstrate that his supplements were contaminated, nor that he had acted with No Significant Fault or Negligence.

Therefore the TJD-AD Appeal Panel decides on 24 October 2019 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 4 August 2018.

Original document


Legal Source
National Decisions
24 October 2019
Baptista, Marta Wada
Ferreira, Alexandre
Nunes, Tatiana Mesquita
Souza, Marcel Ramon Ponikwar
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Athletics (WA) - World Athletics
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
World Anti-Doping Agency (WADA)
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Doping classes
S1. Anabolic Agents
Metandienone (17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Parathlete / Parasports
Document type
Pdf file
Date generated
19 July 2022
Date of last modification
20 September 2022
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