Related case:
TJD-AD 2023-002 Disciplinary Decision - Cycling
August 3, 2023
On 3 August 2023 the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided to impose a severe 6 year period of ineligibility on the Athlete. Not only tested the Athlete positive for multiple prohibited substances, he also had breached the ordered provisional suspension.
Hereafter both the Athlete and the Brazilian Doping Control Authority (ABCD) appealed the Decision with the TJD-AD Appeal Panel.
The Rapporteur deems to dismiss the Athlete's appeal as he failed to establish grounds to set aside the Appealed Decision. However ABCD's appeal is deemed to be admissible regarding the Athlete's Provisional Suspension.
ABCD contended that in first instance the Athlete was erroneously sanctioned for 6 years because he had breached the Provisional Suspension. ABCD argued that under the Rules when an athlete breached the Provisional Suspension, then a standard sanction of 4 years shall be imposed, starting on the date of the decision.
Therefore the TJD-AD Appeal Panel decides on 4 October 2023:
- The Athlete's appeal is dismissed;
- The appeal made by ABCD is admissible;
- The 6 year period of ineligibility is set aside;
- Imposed on the Athlete is a 4 year period of ineligibility;
- The sanction shall not start on the date of the Provisional Suspension;
- The sanction shall start on the date of the Appealed Decision, i.e. on 3 August 2023.
