Related case:
TJD-AD 2022-003 Appeal Decision - Football
May 12, 2022
In July 2021 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 Sibutramine.
After notification a provisional suspension was ordered and the Athlete file a statement with evidence in his defence. He did not accept a sanction of 2 years proposed by ABCD and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete denied the intentional use and explained with evidence how the substance had entered his system. He stated that in June he had stomach problems and had received omeprazole capsules while he was unaware that by mistake he had reciveid Sibutramine capsules. These capsules were practically indentical and as a result there was a mix up of capsules.
The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
In view of the evidence the Rapporteur accepts that the violation was not intentional and that the Athlete acted with a low degree of negligence.
Therefore the TJD-AD Panel decides on 17 February 2022 by majority to impose an 8 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 3 August 2021.
