TJD-AD 2022-003 Appeal Decision - Football

Related case:

TJD-AD 2022-001-3 Disciplinary Decision - Football
February 17, 2022


On 17 February 2022 the TJD-AD Panel decided to impose an 8 month period of ineligibility on the Athlete after he tested positive for the prohibited substance Sibutramine. In first instance the Panel accepted that the violation was not intentional and that the Athlete acted with a low degree of negligence following a mix up of self-medication.

Hereafter the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Appeal Tribunal and requested the Panel for a more severe sanction. The Athlete also appealed and requested for a more reduced sanction  starting backdated from the date of the sample collection.

The Rapporteur confirms that the Athlete had committed an anti-doping rule violation and that this violation was not intentional. In view of the evidence the Rapporteur deems that the Athlete acted with a normal degree of fault. Furthermore the Rapporteur considers that there had been delays in the proceedings not attributed to the Athlete.

Therefore the TJD-AD Appeal Panel decides on 11 May 2022 to partially uphold the Appealed Decision and to impose a 12 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 4 June 2021.

Original document

Parameters

Legal Source
National Decisions
Date
11 May 2022
Arbitrator
Albuquerque e Souza, João Antonio
Baptista, Marta Wada
Ferreira, Alexandre
Nicolau, Jean Eduardo Batista
Nunes, Tatiana Mesquita
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
Case law / jurisprudence
Circumstantial evidence
Commencement of ineligibility period
Digital evidence / information
Majority opinion
No intention to enhance performance
No Significant Fault or Negligence
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
S6. Stimulants
Substances
Sibutramine
Medical terms
Treatment / self-medication
Document type
Pdf file
Date generated
25 July 2022
Date of last modification
10 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