TJD-AD 2020-026 Appeal Decision - Cycling

Related case:

TJD-AD 2020-019 Disciplinary Decision - Cycling
March 17, 2022

On 11 February 2020 the TJD-AD Panel decided to impose an 18 month period of ineligibility on the Athlete after his sample tested positive for the prohibited substance Furosemide.

In first instance the Panel concluded that the Athlete acted with a high degree of negligence. He failed to provide details about his supplier and use of his supplements. Also the presence of the contamination in question was detected only in an unsealed open supplement container.

Hereafter the Athlete appealed the Decision with the TJD-AD Appeal Tribunal and requested to annul the Appealed Decision. He alleged that contamination had caused the positive test result and that analysis in the Rio Lab had established this contamination in the supplement in question.

After assessment of the case the Rapporteur finds that the Athlete failed to demonstrate that there was supplement contamination, nor that he acted with a low degree of negligence, nor grounds for a reduced sanction.

Therefore the TJD-Appeal Panel decides on 12 May 2020 by majority to dismiss the Athlete's appeal and to uphold the Appeal Decision.

Original document

Parameters

Legal Source
National Decisions
Date
12 May 2020
Arbitrator
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
Miranda, Martinho Neves
Nunes, Tatiana Mesquita
Silva, Guilherme Faria
Zangrando, Danielle
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
Majority opinion
Negligence
Period of ineligibility
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
S5. Diuretics and Other Masking Agents
Substances
Furosemide
Various
Contamination
Supplements
Document type
Pdf file
Date generated
21 July 2022
Date of last modification
25 October 2022
Category
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  • Education
  • Science
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Country & language
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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Origin