TJD-AD 2019-215 Disciplinary Decision - Swimming

In June 2018 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the minor swimmer after his sample tested positive for the prohibited substance Higenamine. Further ABCD charged the sports doctor for complicity regard the Athlete's prescription for Higenamine.

After notification a provisional suspension was ordered and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).

The Rapporteur finds that the presence of the prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation. There is also sufficient evidence that the sports doctor had prescribed Higenamine for the minor Athlete.

The Rapporteur deems that the minor Athlete's violation was not intentional and that he acted with a low degree of negligence. However he deemed that the sports doctor had acted with a high degree of negligence with aggravating circumstances due to the prescription of Higenamine for a minor Athlete.

Therefore the TJD-AD Panel decides by majority on 7 June 2019:

  • to impose a 2 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 23 February 2018; and
  • to impose a 3 year period of ineligibility on the doctor, starting on the date of the sample collection.

Original document

Parameters

Legal Source
National Decisions
Date
7 June 2019
Arbitrator
Baptista, Marta Wada
Moura, Humberto Fernandes
Silva, Guilherme Faria
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Complicity
Legal Terms
Aggravating circumstances
Circumstantial evidence
Minor
No intention to cheat
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Sport/IFs
Swimming (FINA) - World Aquatics
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
S3. Beta-2 Agonists
Substances
Higenamine
Various
Athlete support personnel
Document type
Pdf file
Date generated
13 October 2022
Date of last modification
24 November 2022
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  • Analytical aspects
  • Doping classes
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  • Various
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