TJD-AD 2024-004 Appeal Decision - Football

Related case:

TJD-AD 2023-002 Disciplinary Decision - Football
October 13, 2023

In March 2023 the Brazilian Doping Control Authority (ABCD) reported two anti-doping rule violations:

  • against the football player after his sample tested positive for the prohibited substance 19-norandrosterone (Nandrolone).
  • against his sports doctor for the administration of the prohibited substance.

Consequently the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided on 16 October 2023:

  • to impose a 4 year period of ineligibility on the Athlete, starting on the date of the sample collection, i.e. on 4 March 2023.
  • to impose a 30 year sanction on the doctor and to report his conduct to the Federal Council of Medicine and the Brazilian Society of Sports Exercise Medicine.

The Panel ruled that there was no medical justification for the use of Nandrolone as treatment for the Athlete's injury. No medical evidence had been produced, nor was there an application of a TUE.

Hereafter the Athlete and the doctor appealed the Decision with the TJD-AD Appeal Panel. Yet, in view of the evidence, the Rapporteur dismissed the doctor's appeal completely.

Regarding the Athlete the Rapporteur considers his actions as intentional and as an anti-doping rule violation. Nevertheless, he acknowledged the Athlete's substantial assistance in the case against the doctor which accordingly serves as a justification for a reduction of his sanction.

Therefore the TJD-AD Appeal Panel decides on 21 February 2024:

  • to dismiss the doctors appeal and to uphold the sanction of 30 years; and
  • to set aside the 4 year sanction imposed on the Athlete and to impose a 2 year sanction because of his substantial assistance in the case against the doctor.

Original document

Parameters

Legal Source
National Decisions
Date
21 February 2024
Arbitrator
Albuquerque e Souza, João Antonio
Ferreira, Alexandre
Mansur, Fernanda Farina
Morrone, Vinicius Leonardo Loureiro
Nicolau, Jean Eduardo Batista
Pacheco, Ivan
Rocha, Selma Fátima Melo
Original Source
Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD)
Country
Brazil
Language
Portuguese
ADRV
Administration / attempted administration
Adverse Analytical Finding / presence
Legal Terms
Admission
Circumstantial evidence
Majority opinion
Period of ineligibility
Substantial assistance
Sport/IFs
Football (FIFA) - International Football 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
19-norandrosterone
Nandrolone (19-nortestosterone)
Medical terms
Physical injury
Treatment / self-medication
Various
Athlete support personnel
Document type
Pdf file
Date generated
17 July 2024
Date of last modification
1 August 2024
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