TJD-AD 2020-030 Appeal Decision - Football

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.

Original document

Parameters

Legal Source
National Decisions
Date
24 June 2020
Arbitrator
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
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
Application for early reinstatement
Case law / jurisprudence
Competence / Jurisdiction
Lex mitior
Period of ineligibility
Procedural error
Revision
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
WADA Code, Guidelines, Protocols, Rules & Regulations
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
Doping classes
S6. Stimulants
Substances
Cocaine
Document type
Pdf file
Date generated
2 August 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