TJD-AD 2019-165 Disciplinary Decision - Cycling

In April 2018 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the cyclist after his sample tested positive for the prohibited substance Erythropoietin (EPO). After notification the Athlete admitted the violation, accepted a provisional suspension and the sanction proposed by ABCD.

Hereafter the Brazilian Doping Control Authority (ABCD) established that the Athlete had breached the accepted provisional suspension through his participation into a competition on 6 May 2018.

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.

In view of the evidence the Rapporteur concludes that the Athlete during the accepted provisional suspension had participated in a competition of a non-signatory organisation. As a result the Athlete violated the terms of the Acceptance of Consequences he had signed, whereas the agreement between the cyclist and ABCD had not been approved yet by the TJD-AD. Further the Rapporteur considers that there had been delays in the proceeding not attributed to the Athlete.

Therefore the TJD-AD Panel decides on 25 February 2019 to impose a 90 month period of ineligibility on the Athlete for the 2 violations, starting backdated on the date of the sample collection, i.e. on 26 November 2017.

Original document

Parameters

Legal Source
National Decisions
Date
25 February 2019
Arbitrator
Carvalho, Luisa Parente Ribeiro Rodrigues
De Rose, Eduardo Henrique
Ferreira, Alexandre
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Breach of ineligibility
Legal Terms
Acceptance of sanction
Admission
Multiple violations
Period of ineligibility
Second violation
Substantial delay / lapsed time limit
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
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
25 August 2022
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