TJD-AD 2020-021 Appeal Decision - Swimming

Related cases:

  • TJD-AD 2019-024 Disciplinary Decision - Swimming
    October 11, 2019
  • TJD-AD 2020-005 Disciplinary Decision - Swimming
    February 19, 2020


On 19 February 2020 the TJD-AD Panel decided to impose a 12 month period of ineligibility on the Athlete after she testes positive for the prohibited substance Furosemide.

In first instance the Panel deemed that the Athlete was unable to demonstrate with sufficent corroborating evidence that the source of the substance was a contaminated supplement. Nevertheless the Panel was willing to accept that the violation was not intentional.

Prior the TJD-AD Panel on 11 October 2019 had granted the Athlete's request to lift the provisional suspension in order to compete in major international sports events.

Hereafter both the Brazilian Doping Control Authority (ABCD) and the Athlete appealed the Decision with the TJD-AD Appeal Tribunal.

ABCD requested for a more severe sanction and contended that the Athlete failed to demonstrate how the substance had entered her system while she had acted with a high degree of negligence. By contrast the Athlete requested for a more reduced sanction and asserted that she had acted with a low degree of negligence.

Following assessment of the case the Rapporteur deems that the violation was not intentional and that the Athlete had acted with a medium degree of negligence.

Therefore the TJD-Appeal Panel decides on 31 March 2020 the dismiss the appeals filed by ABCD and the Athlete and to uphold the Appealed Decision for the imposition of a 12 month period of ineligibility.

Original document

Parameters

Legal Source
National Decisions
Date
31 March 2020
Arbitrator
Barbosa, Daniel Chieriguini
Miranda, Martinho Neves
Nunes, Tatiana Mesquita
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
Commencement of ineligibility period
Negligence
No intention to enhance performance
Provisional suspension
Sport/IFs
Swimming (FINA) - World Aquatics
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
S5. Diuretics and Other Masking Agents
Substances
Furosemide
Various
Supplements
Document type
Pdf file
Date generated
20 July 2022
Date of last modification
10 November 2022
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