The Superior Court of Justice of Brazil ordered this Wednesday that the former soccer player Robson de Souza ‘Robinho’ He is serving a nine-year sentence imposed on him in Italy for rape in a prison in Brazil.
The court approved the sentence imposed on Italy in 2017 by a majority, with nine votes in favor and two against, and by an even stricter majority ordered that the sentence be carried out immediately in a closed regime.
Jail pending appeal
Thus Robinho has to go to jail before he can even file an appeal of appeal to both this court and the Supreme Court.
The court hearing ended in suspense of the extension, because although the majority of justices spoke broadly in favor of the execution of the sentence in Brazil, there was a connection regarding Robinho’s immediate entry into prison or the possibility that he would appeal for freedom .
Changing the decisive vote at the last moment
at the last moment, Judge Ricardo Villas Bôas Cueva He changed his vote and the majority formed for the immediate execution of the prison sentence.
Robinho, 40 years old, He was sentenced to nine years in prison of Italian Justice for his involvement in a gang rape in Milan in 2013, but He did not serve his sentence because he returned to Brazil, country that prohibits the extradition of its citizens.
Italy requested approval of the judgment
The Italian authorities have asked the Brazilian Justice to approve the sentence and, consequently, determine the imprisonment of the former soccer player so that he can serve the sentence in his country of origin.
The former striker, who appeared as a professional with Pelé’s Santos and played for Real Madrid and also played for Manchester City, was found guilty of participating in gang rape to an Albanian girl in a nightclub in Milan, during his time as an AC Milan player.
The arguments of the investigating judge
The investigating judge, Francisco Falcão, He said that a possible rejection of the request of the Italian Justice would mean a new violation of the dignity of the victim, because “the criminal will remain completely unpunished due to the inability of Brazil to retry the same act.”
Falcão also said that the rejection of the request could generate a diplomatic crisis, because Brazil would stop fulfilling its cooperation commitments, as well as a new phase of discredit for the Brazilian Justice, that the absence of effectiveness in punishing criminals has been condemned several times by the Inter-American Court of Human Rights.
The judge explained in his vote that it is not up to the Brazilian Justice to review the sentence already pronounced by the Italian court or to open a new trial, but only to check whether all the requirements are met to accept Italy’s request for Former soccer the player is serving his sentence in Brazil.
“The law prevents the evaluation of the merit of the sentence. We only have to determine if the requirements for the transfer of the execution of the sentence are met,” said Falcão.
In that sense, Falcão said that all the requirements are met because the convicted person is in Brazil, his sentence is final and the fact that caused the conviction also constitutes a crime in the country.
He also dismantled one by one all the arguments of the defense concerning the alleged violations of the Constitution which prevented the request of the Italian Justice from being met.
Falcão assured that although there is no agreement between Brazil and Italy that allows this procedure, it is provided for in international agreements signed by Brazil such as the conventions of Vienna, Palermo and Mérida.
Source: La Verdad
I’m Rose Herman and I work as an author for Today Times Live. My expertise lies in writing about sports, a passion of mine that has been with me since childhood. As part of my job, I provide comprehensive coverage on everything from football to tennis to golf.
