In April 2022 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the rower for 3 whereabouts filing failures and missed tests within a 12 month period. The Doping Control Officers (DCO) reported that they were unable the locate the Athlete in May, November and December 2021.
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he did not accept a sanction of 2 years proposed by ABCD. Thereupon the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).
The Athlete provided no justification for his first missed test in May 2021. Regarding the missed test in November the Athlete claimed that the DCO already had left the location before the one-hour-timeslot had passed.
Regarding the missed test in December 2021 he explained that communication problems prevented him to update timely his whereabouts in ADAMS. Because of his fatique he failed hereafter to update his whereabouts on arrival at his new location from a long journey from Paraguay .
The Rapporteur establishes that previously the Athlete since 2018 was tested several times without issues. On these occasions he timely had updated his whereabouts in ADAMS.
Considering the Athlete's conduct in this case the Rapporteur deems that the Athlete acted not intentionally, yet rather acted with a degee of negligence. Nevertheless the Rapporteur determines that the Athlete failed to be available at the whereabouts location in November 2021 and he failed to update his new whereabouts location in December 2021.
Therefore the TJD-AD Panel decides on 23 September 2022 to impose a 1 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 5 April 2022.
Hereafter ABCD filed two motions for clarification with the TJD-AD regarding the Athlete's fault or negligence in this case. However the TJD-AD determines that the Panel made a vailid assesment of the Athlete's degree of fault and there were no grounds for the imposition for a more severe sanction on the Athlete.
