TJD-AD 2024-005 Appeal Decision - Basketball

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On 22 August 2023 the Panel of the Brazilian Sports Justice Anti-Doping Tribunal (TJD-AD) decided by majority to impose an 8 month period of ineligibility on the basketball player after his tested tested positive for the prohibited substances Furosemide, Hydrochlorothiazide and Sibutramine.

In this case the Athlete demonstrated that a contaminated supplement was the source of the positive test. Despite dissenting opinions the Panel deemed that there were grounds for a reduced sanction.

Thereupon both the Brazilian Doping Control Authority (ABCD) and the Athlete appealed with the TJD-AD Appeal Panel. As a result the Appeal Panel decided on 6 December 2023 by majority to impose a 2 year period of ineligibility on the Athlete.

In this Appeal the Athlete's request to start the sanction on the date of the sample collection was dismissed by the Appeal Panel. Moreover the Athlete did not receive a clarification about this rejection from the TJD-AD.

Hereafter the Athlete requested the TJD-AD for an injunction in this matter. He asserted that the Appeal Panel's decision was unfounded regarding his appeal for backdating the starting date of the sanction.

The Panel determines that the Athlete's injunction was admissible and that the lack of clarification in this matter could infringe the Brazilian Anti-Doping Code. Therefore the TJD-AD Panel decides by majority on 21 February 2024 to refer back this case to the previous Appeal Panel for consideration.

Original document

Parameters

Legal Source
National Decisions
Date
21 February 2024
Arbitrator
Albuquerque e Souza, João Antonio
Barbosa, Daniel Chierighini
Ferreira, Alexandre
Mansur, Fernanda Farina
Miranda, Martinho Neves
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
Adverse Analytical Finding / presence
Legal Terms
Case referred back
Majority opinion
Sport/IFs
Basketball (FIBA) - International Basketball 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
S5. Diuretics and Other Masking Agents
S6. Stimulants
Substances
Furosemide
Hydrochlorothiazide
Sibutramine
Document type
Pdf file
Date generated
17 July 2024
Date of last modification
4 December 2024
Category
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  • Education
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Country & language
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  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
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