Find out if a negative result in an anti-doping test influences the punishment of Gabigol, from Flamengo

The sanction suffered by Gabigolstriker of Flamengo, divided many opinions on social media due to the way the case was judged. The number 10 was suspended for two years due to the attempt to cheat on an anti-doping test.

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The test result was negative, which benefited the attacker during the trial. However, the punishment was due to the athlete’s behavior, who performed the test at a different time than the one requested by the inspectors. In an interview with Throw!the master in sports law and president of the Sports Court of Rio de Janeiro Renata Mansur explained the process.

– This question was precisely the argument used by the athlete’s defense. However, he was tried for fraud or attempted fraud in the anti-doping test (article 122 of the Brazilian Anti-Doping Code) so the result of the test was not the question of fact that was being discussed, but the obstruction of the collection procedure. It is precisely because the test was negative that the sentence was reduced to two years, considering the athlete’s degree of guilt. In other words, the sentence should have been 4 years, but the mitigating factor in article 122, item I, was applied, which reduces the sentence by half in certain circumstances of the specific case.

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Expert in doping cases, Marcelo Franklin, who defended Fluminense defender Manoel in 2023, also reinforced that the negative test was beneficial for Gabigol. And that the sanction is not related to the result of the exam, but to the process.

– This violation itself has nothing to do with the exam, the urine or blood sample. It would be a violation arising from the procedure in the collection process. In my experience, for the courts to analyze a case like this, they take a negative test as a positive circumstance for the athlete.

Finally, Higor Maffei Bellini, a specialist in sports law, reinforced what was said by his teammates and believes that the Anti-Doping Court of Justice judged the case of the Flamengo striker correctly. And he highlighted that the player’s attitude was the topic of discussion among the judges.

– It shouldn’t have any influence, because he was judged for his alleged attitude of cheating on the exam. He was accused of attempting to cheat the exam, whether it was negative or not doesn’t matter. What was judged was Gabigol’s attitude of, upon receiving the anti-doping staff, making it difficult to collect the tests.

At this moment, Flamengo seeks to reverse the decision and took the case to the Sports Arbitration Court (CAS) to be able to count on Gabigol in 2024. The number 10 has a contract with Rubro-Negro until the end of 2024, but the punishment prevents you from playing until April 2025.