TJD-AD 2022-018 Appeal Decision - Football

Related case:

TJD-AD 2022-006 Disciplinary Decision - Football
October 10, 2022

On 10 October 2022 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to 10 month period of ineligibility on the football player after he tested positive for the prohibited substance Stanozolol.

In first instance the Panel accepted that the Athlete's violation was not intentional and likely the result of the use of a contaminated supplement.

Hereafter both the Athlete and ABCD appealed the decision with the TJD-AD Appeal Tribunal. The Athlete requested the Appeal Panel to set aside the Appealed Decision and for a more reduced sanction.

By contrast ABCD and the attorney requested for a more severe sanction. They conteded that the Athlete's violation was intentional and dismissed his evidence that his supplements in question were contaminated.

Following assessment of the case a majority of the Panel finds that the Athlete's violation was not intentional. Also the Athlete had demonstrated with valid evidence that his supplements, analysed in the Rio Laboratory, contained Stanozolol contaminants.

In view of the Athlete's conduct the Panel determines that he acted with some higher degree of negligence that justifies the imposition of a more severe sanction.

Therefore the TJD-AD Appeal Panel decides by majority on 7 November 2022 to impose a 12 month period of ineligibility on the Athlete, starting on the date of sample collection, i.e. on 5 February 2022.

Original document

Parameters

Date
7 November 2022
Arbitrator
Albuquerque e Souza, João Antonio
Baptista, Marta Wada
De Rose, Eduardo Henrique
Ferreira, Alexandre
Nicolau, Jean Eduardo Batista
Nunes, Tatiana Mesquita
Rocha, Selma Fátima Melo
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Circumstantial evidence
Majority opinion
No intention to enhance performance
No Significant Fault or Negligence
Period of ineligibility
Substantial delay / lapsed time limit
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
Laboratories
Rio de Janeiro, Brazil: Laboratório Brasileiro de Controle de Dopagem – LBCD – LADETEC / IQ - UFRJ
Doping classes
S1. Anabolic Agents
Substances
Stanozolol
Various
Contamination
Supplements
Document type
Pdf file
Date generated
16 March 2023
Date of last modification
11 April 2023
Category
  • Legal Source
  • Education
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  • Statistics
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Country & language
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  • Language
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  • Legal Terms
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  • Laboratories
  • Analytical aspects
  • Doping classes
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