TJD-AD 2020-057 Appeal Decision - Football

Related case:

TJD-AD 2019-036 Disciplinary Decision - Football
October 18, 2019

On 18 October 2019 the TJD-AD Panel decided to impose a 12 month period of ineligibility on the Athlete after she tested positive for the prohibited substance Isometheptene.

In this matter ABCD was aware that the widely used pain killer Neosaldine was used. This product contained Isometheptene, yet this substance was not mentioned as ingredient on the label. In previous cases, involving Isometheptene and Neosaldina, reduced sanctions were imposed due to No Significant Faul or Negligence.

Hereafter the Athlete appealed the Decision with the TJD-AD Appeal Tribunal and requested for a further reduced sanction.

The Appeal Panel accepts that the violation was not intentional. However within the Panel there were different opinions regarding the Athlete's degree of negligence because of:

  • the use of the pain killer was not mentioned on the doping control form;
  • the failue to cooperate properly with the proceedings;
  • the failure to timely demonstrate the source of the prohibited substance; and
  • the circumstances on how the substance had entered her system.

Therefore the TJD-AD Appeal Panel decides on 12 December 2019 by majority to impose a reduced 6 month period of ineligibility on the Athlete, starting on the date of the decision.

Original document

Parameters

Legal Source
National Decisions
Date
12 December 2019
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
Admission
Case law / jurisprudence
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
Doping classes
S6. Stimulants
Substances
Isometheptene
Medical terms
Treatment / self-medication
Various
Amateur / club / recreational sport
Document type
Pdf file
Date generated
21 July 2022
Date of last modification
25 October 2022
Category
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Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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Origin