TJD-AD 2019-207 Disciplinary Decision - Canoe

In 2018 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the Canoe Athlete after his sample tested positive for the prohibited substance Clenbuterol. After notification a provisional suspension was ordered and the Athlete filed a statement in his defence.

The Athlete admitted the violation and denied the intentional use of the substance. He asserted that as an amateur Athlete he acted with ignorance and requested for a reduced sanction.

He explained that at a gym he had used a product for weight loss about a week before the competition called Pulmonil. This is a horse medication that contains the substance Clenbuterol.

Based on the Athlete's degree of fault WADA only approved a reduced sanction of 42 months, which the Athlete refused to accept. Thereupon the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).

The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

The Rapporteur did not accept the Athlete's explanation and deems that he failed to demonstrate that he not intentionally had used a substance that enhance sport performance. Neither was demonstrated that he acted with a low degree of Fault or Negligence. Further the Rapporteur considers that there had been delays in the proceedings not attributed to the Athlete.

Therefore the TJD-AD Panel decides on 24 May 2019 to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 6 May 2017.

Original document

Parameters

Legal Source
National Decisions
Date
24 May 2019
Arbitrator
Baptista, Marta Wada
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Intent
Substantial delay / lapsed time limit
Sport/IFs
Canoe (ICF) - International Canoe 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
Laboratories
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Analytical aspects
Animal doping
Doping classes
S1. Anabolic Agents
Substances
Clenbuterol
Medical terms
Treatment / self-medication
Various
Amateur / club / recreational sport
Document type
Pdf file
Date generated
13 October 2022
Date of last modification
23 November 2022
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  • Various
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