TJD-AD 2019-054 Disciplinary Decision - Cycling

In December 2018 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the cyclist after her sample tested positive for the prohibited substance Erythropoietin (EPO).

After notification the Athlete gave a prompt admission, waived her right for a hearing, accepted a provisional suspension and the sanction proposed by ABCD. The Brazilian Sports Justice Anti-Doping Tribunal was requested to render a decision accordingly.

The Athlete testified that the substance was purchased in a pharmacy without a prescription and used for 10 days until the sample collection. Through cycling she tried to cope with her depression after the death of her 4 year old daughter and the EPO was used in a moment of weakness. 

The Panel finds that it was undisputed that the Athlete intentionally had committed an anti-doping rule violation. Prior the World Anti-Doping Agency (WADA) had granted a reduction of 6 months due to the Athlete gave a prompt admission and cooperated with the proceedings.

Therefore the TJD-AD Panel decides on 20 November 2019 to impose a 3 year and 6 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 18 November 2018.

Original document

Parameters

Legal Source
National Decisions
Date
20 November 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
Acceptance of sanction
Intent
Period of ineligibility
Prompt / Timely Admission
Substantial assistance
Waiver of "right to be heard"
Sport/IFs
Cycling (UCI) - International Cycling Union
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)
Laboratories
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Doping classes
S2. Peptide Hormones, Growth Factors
Substances
Erythropoietin (EPO)
Document type
Pdf file
Date generated
19 July 2022
Date of last modification
23 August 2022
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