TJD-AD 2022-019 Disciplinary Decision - Football

Related case:

TJD-AD 2023-002 Appeal Decision - Football
March 13. 2023

In January 2022 the Brazilian Doping Control Authority (ABCD) has reported an anti-doping rule violation against the manager of a football club for tampering with any part of the doping control process. The Manager filed a statement in his defence and the case was referred to the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)

The Doping Control Officers (DCOs) reported that during out-of-competition doping control in November 2021 the manager obstructed the DCOs to approach immediately the football players and thereupon prevented the DCOs to keep these players under supervision after notification.

The manager of the football club denied he acted intentionally and requested for a reduced sanction. He only had requested the DCOs not to enter the field during training while access to the locker room was prevented due to COVID-19 measures.

The manager asserted that ultimately all the football players were notified and tested by the DCOs. Futhermore no football player was tested positive and the next doping control in November 2021 was conducted without issues.

Following assessment of the circumstances in this case the Rapporteur finds that the doping control indeed was not conducted appropriately. However there are no grounds to conclude that the manager had attempted to obstruct the doping control.

In view of the evidence the Rapporteur accepts that the football club had restricted the access to the locker room because of COVID-19 measures. In fact only people had access to the football club that had shown proof of vaccination or a recent negative COVID-19 test result.

Therefore the TJD-AD Panel decides by majority on 7 November 2022 to dismiss the charge that the manager had attempted to tamper with any part of the doping control process. Accordingly the football club manager was acquitted.

Original document

Parameters

Legal Source
National Decisions
Date
7 November 2022
Arbitrator
Mansur, Fernanda Farina
Morrone, Vinicius Leonardo Loureiro
Zveiter, Terence
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Tampering / attempted tampering
Legal Terms
Acquittal
Dissenting opinion
Majority opinion
No intention to cheat
Notification / identification
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
Medical terms
COVID-19
Various
Doping control
Lack of cooperation / obstruction
Sports officials
Document type
Pdf file
Date generated
18 April 2023
Date of last modification
20 April 2023
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin