TJD-AD 2023-005 Appeal Decision - Weightlifting

Related case:

TJD-AD 2022-007 Disciplinary Decision - Weightlifting
November 4, 2022

In October 2021 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the minor weightlifter (16) after his sample tested positive for the prohibited substances Enobosarm (ostarine) and GW501516.

Thereupon ABCD also reported an anti-doping rule violation against the Athlete's doctor for the prescription of prohibited substances to the minor Athlete.

Consequently the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided on 4 November 2022 to impose a 2 year period of ineligibility on the minor Athlete and to impose a 12 year period of ineligibility on the doctor.

Hereafter ABCD appealed the TJD-AD decision with the TJD-AD Appeal Panel. ABCD requested the Appeal Panel to set aside the Appealed Decision and to impose a more severe sanction on the doctor.

ABCD contended that the doctor deliberately had administrated prohibited substances to a minor athlete as a Protected Person and that his conduct justifies the imposition of a 30 year period of ineligibility.

The doctor argued that there was corroborating evidence that showed that he was not aware, nor informed, that the minor Athlete participated into competitions.

Following assessment of the evidence the Appeal Panel determines that there was insufficient evidence that the doctor knew that the minor Athlete participated into competitions. In this matter there was also insufficient evidence that the doctor was involved as Athlete Support Personnel.

Therefore by majority the TJD-AD Appeal Panel decides on 10 May 2023 to dismiss ABCD's appeal.

Original document

Parameters

Legal Source
National Decisions
Date
10 May 2023
Arbitrator
Albuquerque e Souza, João Antonio
Barbosa, Daniel Chieriguini
Miranda, Martinho Neves
Morrone, Vinicius Leonardo Loureiro
Nicolau, Jean Eduardo Batista
Rocha, Selma Fátima Melo
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Administration / attempted administration
Legal Terms
Admission
Burdens and standards of proof
Circumstantial evidence
Majority opinion
Minor
Period of ineligibility
Sport/IFs
Weightlifting (IWF) - International Weightlifting 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
Enobosarm (ostarine)
GW501516
Various
Athlete support personnel
Document type
Pdf file
Date generated
26 September 2023
Date of last modification
28 September 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