Related case:
TJD-AD 2020-004 Disciplinary Decision - Football
May 7, 2020
Previously in 2019 the TJD-AD Tribunal imposed a 2 year period of ineligibility on the football player for the use of Cocaine.
Thereupon in January 2020 the football player requested the TJD-AD Tribunal for a revision of his case because the new WADA Code, coming into force in January 2021, introduced stipulations for substances of abuse and reduced sanctions.
Following the request for revision the TJD-AD decided on 7 May 2020 to allow the Athlete to return to training in November 2020 based on the principle of lex mitior and pending the new 2021 WADA Code.
Hereafter the Brazilian Doping Control Authority (ABCD) appealed this Decision with the TJD-AD Appeal Panel. ABCD requested to set aside the Revision and to uphold the sanction of 2 years.
ABCD contended that the TJD-AD Disciplinary Panel had no competence. Instead under the applicable Rules the Athlete had to address his request for revision to ABCD. Also in this matter the principle of lex mitior is not applicable because a retroactive reduction of the Athlete's sanction is not allowed.
The TJD-AD Appeal Panel establishes that it has competence to settle this case and that the ABCD Appeal is admissible. The Panel agrees that under the applicable Rules there are no grounds for a reduction of the Athlete's sanction.
Therefore the TJD-AD Appeal Panel decides on 24 June 2020 to set aside the Appealed Decision for revision and to uphold the imposed sanction of 2 year.