TJD-AD 2020-024 Appeal Decision - Gymnastics
March 31, 2020
In September 2019 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the minor gymnastics Athlete after her sample tested positive for the prohibited substance Furosemide.
After notification a provisional suspension was ordered. The Athlete filed a statement in her defence and she was heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete admitted the violation, denied the intentional use of the substance and claimed that she acted from ignorance. She asserted that she struggled with her body and felt ashamed. In order to improve her body image and to lose weight she had used the substance one week before the sample collection.
ABCD contended that the minor Athlete failed to demonstrate that the violation was not intentional, nor when the substance had been used. She was an experienced Athlete, had participated in many national en international competitions and had received anti-doping education.
ABCD considered that the Athlete failed to apply for a TUE and the high concentration found in her sample was not consistent with her alleged use of the subsance one week before the sample collection. Further her postings on social media showed that she was very proud of her body, contradicting her allegation that she felt ashamed about her body image.
The Rapporteur agrees that there are inconsistencies in the Athlete's statements about the use of the substance and the concentration found in her sample.
Therefore the TJD-AD decides on 17 December 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 7 June 2019.