TJD-AD 2020-031 Appeal Decision - Canoeing

Related case:

TJD-AD 2020-010 Disciplinary Decision - Canoe
April 28, 2020

On 28 April 2020 the TJD-AD Panel decided for the acquittal of the President of the Brazilian Canoe Confederation (CBCa) regarding Complicity. In this matter the Brazilian Doping Control Authority (ABCD) had established that a Kayak Athlete had breached the imposed provisional suspension with involvement of the CBCa.

Although the CBCa President's complicity was not intentional the TJD-AD deemed that he failed to apply properly the anti-doping rules and had acted with disregard, disrespect and incompetence.

Hereafter in May 2020 the Prosecution appealed the Decision with the TJD-AD Appeal Tribunal. It requested to set aside the Appealed Decison and to sanction the CBCa President for his complicity.

After assessment of the evidence and circumstances in this case the TJD-Appeal Panel deems that there are no grounds to conclude that the CBCa President was involved in intentional complicity regarding the Athlete's breach of the provisional suspension.

Therefore the TJD-AD Appeal Panel decides on 24 June 2020 to dismiss the appeal and to uphold the Appealed Decision of 28 April 2020.

Original document

Parameters

Legal Source
National Decisions
Date
4 June 2020
Arbitrator
Barbosa, Daniel Chieriguini
De Rose, Eduardo Henrique
Ferreira, Alexandre
Miranda, Martinho Neves
Nunes, Tatiana Mesquita
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Complicity
Legal Terms
Acquittal
Anti-Doping policy
Burdens and standards of proof
Circumstantial evidence
Digital evidence / information
Negligence
No intention to cheat
Provisional suspension
Sport/IFs
Canoe (ICF) - International Canoe Federation
Other organisations
Autoridade Brasileira de Controle de Dopagem (ABCD) - Brazilian Doping Control Authority
Confederação Brasileira de Canoagem (CBCa) - Brazilian Canoe Confederation
Tribunal de Justiça Desportiva Antidopagem (TJD-AD) - Brazilian Sports Justice Anti-Doping Tribunal
Various
Athlete support personnel
Sports officials
Document type
Pdf file
Date generated
2 August 2022
Date of last modification
7 November 2022
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