TJD-AD 2022-001 Appeal Decision - Football

Related cases:

  • TJD-AD 2020-019 Disciplinary Decision - Football
    September 3, 2020
  • TJD-AD 2021-019 Disciplinary Decision - Football
    September 23, 2021
  • TJD-AD 2021-023 Disciplinary Decision - Football
    December 2, 2021


Previously an 8 month period of ineligibility was imposed on the football player after he tested positive for the prohibited substance Triamcinolone acetonide. Also on 3 September 2020 the TJD-AD Panel decided to impose a 4 year period of ineligibility on the football player's Doctor for complicity

The TJD-AD concluded that this Doctor deliberately had attempted to mislead the Brazilian Doping Control Authority (ABCD) with falsified medical evidence. Additionally the TJD-AD decided on 4 July 2019 to impose a sanction of 3 years on two other doctors for their involvement in producing falsified medical information.

Following their conviction one of the latter doctors contacted TJD-AD and requested to receive all relevant documents because he had been unaware that in absentia a sanction had been imposed.

After review the TJD-AD decided on 23 September 2021 to annul the TJD-AD Decision of 4 July 2019 regarding this doctor and to refer the case back to the TJD-AD for a new trial.

Thereupon on 2 December 2021 the TJD-AD Panel decided to dismiss the charges and to acquit the doctor. The Panel deemed that there was no evidence that this doctor acted intentionally in complicity with the other convicted doctors.

Hereafter in January 2022 ABCD appealed this acquittal Decision of 2 December 2021 with the TJD-AD Appeal Tribunal.

The Rapporteur assessed the Appealed Decision and the filed evidence in the related cases and determines that there are no grounds to conclude that the doctor had acted intentionally in complicity with the other doctors and the football player.

Therefore the TJD-AD Appeal Panel decides on 10 March 2022 to dismiss the appeal and to confirm the Appealed Decision regarding the acquittal of the doctor.

Original document

Parameters

Legal Source
National Decisions
Date
10 March 2022
Arbitrator
Albuquerque e Souza, João Antonio
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
Nicolau, Jean Eduardo Batista
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acquittal
Circumstantial evidence
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
Los Angeles, USA: UCLA Olympic Analytical Laboratory
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Doping classes
S9. Glucocorticosteroids
Substances
Triamcinolone acetonide
Medical terms
Legitimate Medical Treatment
Various
Anti-Doping investigation
Athlete support personnel
Falsification / fraud
Lying / false statement
Document type
Pdf file
Date generated
25 July 2022
Date of last modification
7 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