In December 2021 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the cyclist after his sample tested positive for the prohibited substances Androsterone, Etiocholanolone and Testosterone with its metabolites.
Previously in 2016 a sanction of 4 years was imposed on the Athlete after he tested positive for multiple prohibited substances.
Following notification a provisional suspension was ordered and the Athlete filed a statement in his defence. He did not accept a sanction of 7 years proposed by ABCD and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete denied the intentional use of Testosterone and claimed that he only participated in competitions as an amateur cyclist. He explained with medical evidence that he underwent prescribed hormone replacement therapy for his diagnosed hypogonadism.
ABCD contended that the filed medical evidence did not demonstrate sufficiently that the Athlete suffered from hypogonadisme, nor the justification for hormone replacement therapy. Furthermore the Athlete failed to apply for a TUE nor did he mention his medication on the Doping Control Form.
The Rapporteur finds that the presence of the prohibited substances 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 assertions and considers that prior in 2016 the Athlete had committed a first anti-doping rule violation. The Rapporeur considers that the Athlete failed to mention his medication on the Doping Control Form and after months he also failed to make an application for a TUE.
Finally the Rapporteur questions the medical practice of the Athlete's doctor and deems that his unethical conduct must be reported to the Brazilian Federal Council of Medicine to consider any further action within their own competence.
Therefore the TJD-AD Tribunal decides on 21 October 2022 to impose an 8 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 20 December 2021.
