In July 2020 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the football player after her sample tested positive for the prohibited substances Prednisolone and Prednisone. ABCD also charged the Athlete's doctors for complicity regarding these prohibited substances.
After notification the accused filed statements in their defence and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete admitted the violation and denied the intentional use of the substance. She explained that she had used prescribed medication for her injury and that she had mentioned this medication on the Doping Control Form.
The Athlete acknowledged that at the time when she was tested she very late became aware that she needed a TUE for her medication. Thereupon her TUE application was denied in September 2019 and again in May 2020. Later the South American Football Confederation (CONMEBOL) her application for a TUE.
The Athlete's medical specialist testified that the Athlete had a serious injury and that the prescribed medication was necessary as treatment. He asserted that the TJD-AD had no competence in his case because as a medical specialist he was not affiliated to any sports club.
The Athlete's sports doctor denied the violation and stated that the Athlete's medication was prescribed by her medical specialist. He assisted in the TUE application and had not recommended that the Athlete could participate in competitions.
The Rapporteur determines that at the material time the Athlete had not a valid TUE and only made an application following Doping Control. The Rapporteur accepts that the Athlete's violation was not intentional and considers that she mentioned her medication on the Doping Control Form.
Further the Rapporteur considers that ultimately CONMEBOL granted the Athlete's TUE application and that there had been substantial delays in the proceedings not attributed to the Athlete.
The Rapporteur establishes that the TJD-AD has competence regarding medical doctors involved in the treatment of Athletes whether they are affiliated to sport or not. The Rapporteur concludes that in this case there is no evidence that the doctors acted intentionally.
Therefore the TJD-AD Panel decides on 19 November 2020:
- to impose a 14 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 29 September 2019; and
- to dismiss the charges and to acquit the doctors.
