Related case:
TJD-AD 2023-016 Appeal Decision - Football
October 18, 2023
In December 2022 the Brazilian Doping Control Authority (ABCD) reported an anti-doping rule violation against the football player after his A and B samples tested positive for the prohibited substance Tamoxifen.
Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Brazilian Sports Justice Anti-Doping Tribunal.
The Athlete admitted the violation and denied the intentional use of the substance. He explained that in a pharmacy by mistake he had purchased Tamoxifen Citrate instead of Tadalafil Citrate.
The Athlete argued that he was tested before without issues, and that the names of both medication were very similar. Moreover this substance does not enhance sports performances.
Further he argued that the concentration in his sample was low and consistent with his accidental use of the substance. Since Tamoxifen was used by athletes to treat the side effects of use of anabolic steroids, no other prohibited substances had been found in his sample.
The Rapporteur finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.
In view of the evidence the Rapporteur is willing to accept that the Athlete's violation was not intentional and deems that he acted with some degree of negligence. Further he considers there had been substantial delays in the proceedings not to be attributed to the Athlete.
Therefore the TJD-AD Panel decides on 10 July 2023 by majority to impose an 8 month period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 11 November 2022.
