The case involves Ana Beatriz di Rienzo Bulcão, a Brazilian fencer, who appealed a decision by the Fédération Internationale d’Escrime (FIE) regarding an anti-doping rule violation. The dispute arose after Bulcão tested positive for boldenone and androstatrien edione (ATD) during the Pan-American Junior Fencing Championship in Venezuela in March 2012. The sample collection process and subsequent laboratory analysis were central to the case. Bulcão argued procedural departures from the International Standards for Testing (IST), including her inability to choose the collection kit and delays in transporting the sample to the laboratory. However, the Court of Arbitration for Sport (CAS) panel ruled that her signature on the doping control form without objections implied compliance with the rules. The panel also found that while the 30-day delay in sample transportation violated FIE rules, it did not invalidate the test results unless Bulcão could prove the delay caused the adverse finding.
The laboratory analyses confirmed the presence of boldenone and ATD, with further testing in Germany establishing their exogenous origin. Bulcão’s defense included expert testimony questioning the sample collection process, but the panel dismissed these claims, emphasizing her failure to raise concerns during the initial procedure. The CAS upheld the FIE’s decision, imposing a two-year period of ineligibility starting from the provisional suspension date, as no substantial delay attributable to Bulcão was proven. The case underscores the strict liability principle in anti-doping regulations, where athletes bear the burden of proving procedural departures that could reasonably affect test results. The ruling also clarifies that delays in sample processing, unless proven to impact the result, do not automatically invalidate findings.
Bulcão’s appeal to CAS focused on alleged procedural irregularities, including the use of a flawed collection kit and potential sample manipulation. However, the panel found no evidence of tampering or contamination, as DNA testing confirmed the sample’s authenticity. The panel also rejected her claim that the prohibited substances entered her system through a nutritional supplement, Materna, as its composition analysis showed no traces of ATD. The CAS concluded that Bulcão failed to meet the burden of proof required for exoneration or mitigation under FIE Rules. The decision reaffirms the importance of athletes raising procedural concerns at the time of sample collection to contest potential violations effectively.
The final ruling partially upheld Bulcão’s appeal, adjusting the start date of her suspension to account for delays not attributable to her but maintaining the two-year ineligibility period. She was disqualified from her results at the Pan-American Fencing Championships in March 2012. The case highlights the rigorous standards applied in anti-doping enforcement and the challenges athletes face in contesting violations when procedural irregularities are alleged but unproven. The CAS decision emphasizes the need for strict adherence to anti-doping protocols to ensure fairness and integrity in sports.