The case involves a doping violation by Brazilian footballer Tarcisio France da Silva, adjudicated by the Court of Arbitration for Sport (CAS). The dispute arose from an anti-doping test conducted on October 9, 2010, during a match in the Campeonato Brasileiro da Série C, where the player's sample tested positive for fenproporex, a prohibited stimulant under the World Anti-Doping Agency (WADA) list. The sample was analyzed by the LADETEC laboratory in Rio de Janeiro, which confirmed the adverse finding. The player did not request analysis of the B sample. Initially, the Superior Tribunal de Justiça Desportiva do Futebol (STJD), Brazil's highest sports court, imposed a one-year suspension, later reduced to six months on appeal. FIFA challenged this reduction, leading to the CAS arbitration.
Key legal issues included CAS jurisdiction over STJD decisions, the applicability of FIFA's anti-doping rules to Brazilian athletes, the use of plastic bottles for sample collection, and the suspension's start date. CAS ruled it had jurisdiction over the Confederação Brasileira de Futebol (CBF) and the player but not the STJD, as the latter lacks separate legal personality. The panel confirmed Brazilian athletes are bound by FIFA's rules through their registration with the CBF, reinforced by Brazilian law (Lei Pelé), which mandates compliance with international sports regulations. The panel dismissed concerns about plastic bottles compromising sample integrity, finding no evidence of tampering.
Regarding sanctions, CAS imposed a standard two-year suspension for the violation, overturning the STJD's reduced penalty. The player failed to justify a reduction under FIFA's Anti-Doping Regulations (ADR), which allow for leniency only if the athlete proves no fault or negligence. The suspension was backdated to October 1, 2011, to account for procedural delays not attributable to the player, including a 13-month lag in proceedings. The panel also credited the player for the six-month suspension already served, ensuring fairness.
The decision underscores the enforceability of international anti-doping standards and the importance of procedural fairness. It highlights the hierarchical application of FIFA regulations over national rules and CAS's role in resolving disputes. The case also illustrates challenges in enforcing sanctions when players are uncooperative or difficult to locate, as the player was no longer registered with any club during proceedings. The final award, issued on December 4, 2012, upheld FIFA's appeal, imposed the two-year suspension, and dismissed other relief requests, ensuring the player's prior suspension time was accounted for. The ruling reinforces strict liability in doping cases and the precedence of international sports regulations.