TJD-AD 2019-187 Appeal Decision - Football

Related case:

TJD-AD 2018-102 Disciplinary Decision - Football
October 30, 2018


On 30 October 2018 the TJD-AD Panel decided to impose a 2 year period of ineligibility on the Athlete after his sample tested positive for the prohibited substance Cocaine. In first instance the Panel accepted that the violation was not intentional and deemed that the Athlete acted negligently.

Herafter the Athlete appealed the Decision with the TJD-AD Appeal Tribunal and requested for a more reduced sanction. Conversely ABCD contended that the imposed sanction of 2 years was justified considering the Athlete's degree of negligence.

The Athlete argued that the Cocaine was used recreationally 2 days before the Doping Control and he asserted that he acted with a low degree of negligence. He had not received any anti-doping education and prior he didn't know that he was selected to play in a match.

Following assessment of the case the Rapporteur agrees that the Athlete's violation was not intentional and that he acted with No Significant Fault or Negligence.

Therefore the TJD-AD Appeal Panel decides on 26 April 2019 that the Athlete's appeal is admissible and to impose an 18 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 25 April 2018.

Original document

Parameters

Legal Source
National Decisions
Date
26 April 2019
Arbitrator
Baptista, Marta Wada
De Rose, Eduardo Henrique
Moura, Humberto Fernandes
Nunes, Tatiana Mesquita
Souza, Marcel
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
No intention to enhance performance
Period of ineligibility
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
Various
Out-of-competition use / Substances of Abuse
Document type
Pdf file
Date generated
13 October 2022
Date of last modification
7 November 2022
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  • Doping classes
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Origin