In October 2018 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the basketball player after his sample tested positive for the prohibited substances Prednisolone, Prednisone and Salbutamol.
After notification the Athlete filed a statement in his defence and he was heard for the Brazilian Sports Justice Anti-Doping Tribunal TJD-AD.
ABCD contended that the Athlete had committed a second anti-doping rule violation because he was tested by FIBA in January 2018 and thereupon notified in March 2018 that he had tested positive for Prednisolone and Prednisone.
Consequently in February 2019 FIBA had imposed a sanction of 2 years on the Athlete. However the Athlete appealed and he could demonstrate that the substances were used as medication for his Asthma. As a result his sanction was reduced by FIBA to a 6 month period of ineligibility, ending on 18 August 2019.
The Athlete asserted that previously in March 2019 he was not notified about his first anti-doping rule violation in Chile in January 2019 because he had changed his e-mail. In this matter the Brazilian Basketball Confederation (CBB) reported that due to a break down at the relevant time it had no e-mail information about the FIBA notification to the Athlete.
In view of this evidence ABCD accepted that the Athlete was not notified in March 2018 due to his e-mail was incorrect. Nevertheless ABCD requested the Panel to impose a 2 year period of inelgibiility on the Athlete.
The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
The Rapporteur deems that the violation was not intentional and related to the use of the substances as medication for his Asthma. The Athlete had failed to inform his team about his medication and meanwhile he had appelied for a TUE.
Further the Rapporteur considers that prior the Athlete was not notified about the first anti-doping rule violation and that he already has served a 6 month period of ineligibility until August 2019.
Therefore the TJD-AD Panel decides by majority on 20 November 2019 to impose a 6 month period of ineligibility on the Athlete, starting backdated on the date of the provisional suspension, i.e. on 10 October 2018.
