The attacker was tried and punished for attempted cheating in a doping test; decision subject to appeal
Punished by the Sports Anti-Doping Tribunal (TJD-AD), Flamengo striker Gabigol will initially be unavailable until April 2025. The suspension can be appealed before the Court of Arbitration for Sport (CAS), in Switzerland. Therefore, the player has the opportunity to reverse the situation, but he may also suffer an increased penalty.
After the presentation of the appeal by the defendant’s defense, which will rely on the assistance of the Rio club, the CAS will carry out a new trial. With this new evidence may appear and the TJD-AD has the option to ask for a sentence increase. However, the court you can’t increase it if only Gabigol would appeal the initial decision.
– The trial at the Court of Arbitration for Sport, which constitutes the next stage of the trial, will be a matter completely subject to a new evaluation by the Swiss Court. Other lines of defence, accusations and evidence can be produced. If there is only the athlete’s appeal… When you appeal you cannot get a worse decision than the one you got. If only the athlete appeals, he will be left with the same decision or a better decision – explained Marcelo Franklin, lawyer specializing in doping cases and sports law, in contact with Lance!.
Higor Maffei Bellini, specialist in sports law, reiterates that the possibility exists, but the Sports Anti-Doping Tribunal should also appeal to obtain an increase in the sentence.
– There is no possibility (of increasing the disqualification) if only Gabigol appeals. The Anti-Doping Prosecutor’s Office should present this appeal, aiming to increase the penalty. It is not possible to increase the applicant’s sentence – said the lawyer.
OTHER SIDE
According to Renata Mansur, master’s degree in sports law and president of the Court of Sports Justice of Rio de Janeiro, it is not yet possible to predict the outcome of the case. Although there is the possibility of an increase in sentence, Gabigol can still request the suspensive effect (suspension of the effects of the judge’s or court’s decision until the final decision on the appeal).
– There is no way to confirm the likelihood of the sentence being overturned. However, the athlete can still appeal to the Court of Arbitration for Sport, based in Switzerland. In the appeal the athlete will be able to request the suspensive effect, so that the decision does not have immediate effect – he specified.
WHAT HAPPENED?
The Sports Anti-Doping Tribunal found Gabigol for attempted fraud in a doping test, which occurs without warning at clubs, such as Flamengo. He was accused of violating article 122 of the Brazilian Anti-Doping Code, which provides for a suspension of two to four years. In an official statement, the player stated that he believes he will be exonerated.
Source: Terra
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