TJD-AD 2021-017 Appeal Decision - Football

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On 22 April 2021 the TJD-AD Panel decided by majority to impose a 2 month period of ineligibility on the Athlete after his samples tested positive for the prohibited substance Dexamethasone.

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

Hereafter ABCD appealed the Decision with the TJD-AD Appeal Tribunal.

The Appeal Panel assessed the Appealed Decision and determines that the Rapporteur in first instance had not voted, nor had provided foundations for his arguments. Consequently the Appeal Panel deems that the Appealed Decision was not valid because its Decision had not been established by Panel Majority.

Therefore the TJD-AD Appeal Panel decides on 30 June 2021 to annul the Appealed Decision and to refer the case back to the TJD-AD First Instance Tribunal.

Original document

Parameters

Legal Source
National Decisions
Date
30 June 2021
Arbitrator
Baptista, Marta Wada
De Rose, Eduardo Henrique
Ferreira, Alexandre
Miranda, Martinho Neves
Nunes, Tatiana Mesquita
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Case referred back
Majority opinion
Procedural error
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
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