TJD-AD 2023-002 Disciplinary Decision - Cycling

Related case:

TJD-AD 2023-015 Appeal Decision - Cycling
October 4, 2023


In October 2022 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the cyclist after his 2 samples, both collected in September 2022, tested positive for the prohibited substances Prednisolone, Prednisone and Testosterone with its metabolites.

Following notification a provisional suspension was ordered. However ABCD reported that the Athlete had participated in competitions during the imposed provisional suspension.

Thereupon the Athlete did not accept the sanction proposed by ABCD. He filed a statement in his defence and he was heard for the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD).

The Athlete denied the intentional use of the subsances and requested the Panel to dismiss the charges against him. He stated that he only had used natural products in order to stimulate his endogenous hormone production and libido.

The prosecutor contended that the test results were valid and without departures of the relevant standards. Also the Athlete failed to demonstrate that he acted not intentionally.

The Ahtlete had no TUE and there was evidence that he had breached the imposed provisional suspension. Furthermore the substances found in his sample were exogenous, not endogenous, whereas he had acted negligently with his supplements.

Therefore the TJD-AD Panel decides on 3 August 2023 to impose a 4 year period of ineligibility on the Athlete. Because the Athlete had breached the imposed provisional suspension the Panel by majority decides to impose an additional 2 years on the Athlete. This 6 year period of ineligibility shall start on the of the decision.

Original document

Parameters

Legal Source
National Decisions
Date
3 August 2023
Arbitrator
Bortolato, Alexandre Dias
Contini, Marcello Lima
Sabioni, Paulo Rogério Oliveira
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Adverse Analytical Finding / presence
Breach of ineligibility
Legal Terms
Admission
Circumstantial evidence
Digital evidence / information
Intent
Period of ineligibility
Provisional suspension
Sport/IFs
Cycling (UCI) - International Cycling Union
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
S9. Glucocorticosteroids
Substances
3α-hydroxy-5α-androstan-17-one (androsterone)
Etiocholanolone
Prednisolone
Prednisone
Testosterone
Various
Internet / Social media
Supplements
Document type
Pdf file
Date generated
29 November 2023
Date of last modification
19 February 2024
Category
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  • Education
  • Science
  • Statistics
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Country & language
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  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
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  • Document category
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Origin