TJD-AD 2021-003 Disciplinary Decision - Football

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In June 2020 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the football player after his A and B samples tested positive for the prohibited substance Dexamethasone. After notification a provisional suspension was ordered and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).

The Athlete denied the intentional use of the substance and argued that he acted with No Significant Fault or Negligence. He stated that he and two other football players had received Citoneurin and Miofibrax injections administered by the football club's physiotherapist as recommended by a doctor.

In view of the evidence in this case the Panel was troubled whether ABCD had established with sufficient evidence that the Athlete had acted intentionally, rather it had established that the football club's Athlete Support Personell were responsible for the violation.

Furthermore it remained unclear for the Panel whether the physiotherapist by mistake the medication Dexa Cetoneurim had administered instead of the Citoneurin and Miofibrax medication. Finally the Panel considers that there had been delays in the proceedings not attributed to the Athlete.

Therefore the TJD-AD Panel decides by majority on 22 April 2021 to impose a 2 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. 12 August 2019. The Athlete already had served this sanction.

Original document

Parameters

Legal Source
National Decisions
Date
22 April 2021
Arbitrator
Barbosa, Tiago de Andrade Horta
Mansur, Fernanda Farina
Zveiter, Terence
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
No intention to enhance performance
Period of ineligibility
Substantial delay / lapsed time limit
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
S9. Glucocorticosteroids
Substances
Dexamethasone
Medical terms
Legitimate Medical Treatment
Physical injury
Various
Athlete support personnel
Document type
Pdf file
Date generated
25 July 2022
Date of last modification
25 October 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