Related case:
TJD-AD 2022-006 Disciplinary Decision - Swimming
November 11, 2022
On 4 November 2022 the Panel of the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a warning on the swimmer after her sample tested positive for the prohibited substances Chlorothiazide, Furosemide, Hydrochlorothiazide and Sibutramine.
In first instance the Panel accepted that the Athlete had demonstrated that a contaminated supplement was the source of the positive test. Moreover analysis in the Rio Laboratory had revealed the presence of contaminants in her supplement.
Hereafter in December 2022 the Brazilian Doping Control Authority (ABCD) appealed this Decision with the TJD-AD Appeal Panel. ABCD requested the Appeal Panel to annul the Appealed Decision and to impose an appropriate sanction on the Athlete because of her degree of fault.
Following assessment of the case the Rapporteur determines that:
- The Athlete's violation was not intentional and she had acted with only a light degree of fault;
- A contaminated supplement was the source of the positive test;
- The Athlete had cooperated with the proceedings and she was tested before without issues.
- There had been delays in the proceedings not attributed to the Athlete;
- Based on case law a sanction of 6 months would be appropriate in this case.
Therefore the TJD-AD Appeal Panel decides on 13 March 2023 to impose a 6 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. 14 January 2022. The Athlete has already served this suspension and is free to participate in trainings and competitions.
