TJD-AD 2020-023 Appeal Decision - Football

Related case:

TJD-AD 2019-047 Disciplinary Decision - Football
October 17, 2019


On 17 October 2019 the TJD-AD Panel decided to impose a 2 year period of ineligibility on the Athlete after he tested positive for the prohibited substance Cocaine. In first instance the Panel deemed that the violation was not intentional although the Athlete had acted negligently.

Hereafter the Athlete appealed the Decision with the TJD-AD Appeal Tribunal and requested for a reduced sanction of 3 months invoking the principle of lex mitior.

Following assessment of the case the Rapporteur accepts that the violation was not intentional and occurred in a context unrelated to sport performance. The Rapporteur considers that the Athlete continued to receive psychological treatment for his depression and deems that there are grounds for a further reduction of the sanction.

Therefore the TJD-AD Appeal Panel decides on 31 March 2020 by majority to impose a reduced 12 month period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 16 March 2019.

Original document

Parameters

Legal Source
National Decisions
Date
31 March 2020
Arbitrator
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Gonçalves, João Guilherme Guimarães
Miranda, Martinho Neves
Zangrando, Danielle
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Lex mitior
Majority opinion
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Sport/IFs
Football (FIFA) - International Football Federation
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
Analytical aspects
B sample analysis
Doping classes
S6. Stimulants
Substances
Cocaine
Medical terms
Legitimate Medical Treatment
Various
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
20 July 2022
Date of last modification
10 November 2022
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin