The Superior Court of Justice of Brazil ordered this Wednesday that former soccer player Robson de Souza ‘Robinho’ serve in a Brazilian prison the nine-year sentence imposed on him in Italy for rape. The court approved the sentence imposed in Italy in 2017 by majority, with nine votes in favor and two against, and by an even tighter majority ordered that the sentence be carried out in a closed regime immediately. In this way, Robinho will have to go to prison before even being able to present appeals to this same court and the Supreme Court.
The court hearing ended with the suspense of an extension, since although the majority of the magistrates spoke widely in favor of carrying out the sentence in Brazil, there was a tie in relation to Robinho’s immediate entry into prison or the possibility of him appealing for freedom. At the last moment, Judge Ricardo Villas Bôas Cueva changed his vote and the majority was formed for immediate compliance with the prison sentence.
Robinho, 40, was sentenced to nine years in prison by the Italian Justice for his participation in a multiple rape in Milan in 2013, but he never served the sentence because he returned to Brazil, a country that prohibits extradition. of their nationals.
The Italian authorities asked the Brazilian Justice to approve the sentence and, consequently, determine the imprisonment of the former soccer player so that he could serve the sentence in his country of origin.
The former striker, who emerged as a professional in Pelé’s Santos and played for Real Madrid and also played for Manchester City, was found guilty of participating in a gang rape of a young Albanian woman in a Milan nightclub, during his time as a player. of AC Milan.
The investigating judge, Francisco Falcão, stated that a possible rejection of the request of the Italian Justice would mean a new violation of the dignity of the victim, since the “criminal will remain totally unpunished due to Brazil’s inability to retry the same act.” “. He also said that a rejection of the request could generate a diplomatic crisis, since Brazil would stop fulfilling its cooperation commitments, as well as a new episode of discredit for the Brazilian Justice, whose lack of effectiveness in punishing criminals has been condemned several times. by the Inter-American Court of Human Rights.
The magistrate explained in his vote that it is not up to the Brazilian justice to review the sentence already pronounced by an Italian court or to open a new trial, but only to review whether all the requirements are met to accept Italy’s request for the Former soccer player serves his sentence in Brazil. “The legislation prevents the review of the merits of the sentence. We only have to determine if the requirements for the transfer of the execution of the sentence are met,” he said.
In that sense, he stated that all the requirements are met because the convicted person is in Brazil, his sentence is final and the fact that gave rise to the conviction also constitutes a crime in the country. He also dismantled, one by one, all the defense arguments about alleged violations of the Constitution that would prevent the request of the Italian Justice from being met.
He assured that although there is no treaty between Brazil and Italy that allows this procedure, it is provided for in international treaties signed by Brazil such as the Vienna, Palermo and Mérida conventions.
