TJD-AD 2020-001 Disciplinary Decision - Athletics

In August 2019 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the Athlete for his refusal or failure to submit to sample collection in July 2019.

After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and failed to attend the hearing of the Brazilian Sports Justice Anti-Doping Tribunal.

The Doping Control Officers reported that after notification the Athlete had attended the Doping Control Station, yet after 40 minutes the Athlete refused to cooperate and left the Doping Control Station.

In his submissions the Athlete asserted that during the Doping Control he was in an extremely uncomfortable situation, hungry, without changing clothes, with his wife, with a borrowed car, 200 km away from home, with a sick son waiting, with long waiting for sample collection, less information and believing he had to provide a blood sample.

In view of the evidence the Rapporteur establishes that the Athlete had been duly notified, he attended the Doping Control Station and thereupon refused to submit to sample collection and left.

After assessment of the Athlete's assertions the Rapporteur finds that the Athlete had produced several inconsistencies, untruths, omissions and important concealment attempts. Accordingly the Rapporteur deems that the Athlete had committed an anti-doping rule violation for intentional refusal and failure to submit to sample collection.

Therefore the TJD-AD Panel decides on 29 May 2020 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 19 August 2019.

Original document

Parameters

Legal Source
National Decisions
Date
29 May 2020
Arbitrator
Albuquerque e Souza, João Antonio
Alquéres, Pedro Alberto Campbell
Pereira, Cristiane Caldas
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Refusal or failure to submit to sample collection
Legal Terms
Intent
Sport/IFs
Athletics (WA) - World Athletics
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
Various
Doping control
Lying / false statement
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Pdf file
Date generated
2 August 2022
Date of last modification
10 November 2022
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