After the decision of Justice, Robinho has 15 days to answer the request for execution of the sentence in Brazil

The ex-assailant Robinho has 15 days to submit to Justiça a request for a response to the execution of the sentence in Brazil, required by the Italian government — where he was sentenced to nine years in prison for rape.

The Brazilian Constitution does not allow the extradition of born citizens. So, for the ex-athlete to serve the penalty, the Italian Ministry of Justice requires the approval of the penalty in Brazil.

Robinho’s defense has requested that the foreign government provide a fully translated copy of the process, alleging that this would be essential to understand the process and verify if the client’s defense rights have been restricted.

The representatives stated that the request of the Italian government would be “devoid of proper instruction”, and that in the absence of a copy of the process and its translation it would become “impossible to exercise the law of broad defense.”

Therefore, this was denied by Minister Francisco Falcão, of the Superior Court of Justice (STJ), who stated that, as stated in the Italian judgment, the former player was duly represented by a lawyer, “there is no reason to presume there have been irregularities not a foreign procedure”.

Nessa same decision, the minister, who is the relator of the request for homologation of sentence in court, must have a period of 15 days for a response. He considered that the representatives of the ex-athlete would express interest in submitting a reply.

The Brazilian Women’s Union entity was also admitted in the process, being able to submit memorandums and make oral support in the judgment that will take place in the Special Court.

Finally, Falcão affirmed that the approval of the sentence is not a new judgment of the case, seeking only to analyze the formal requirements for recognition and execution of the decision in Brazil.

In defense of Robinho, he stated, in the note, that he considers the documents “essential” and that he will go through the decision of the STJ.

Relembre or case

The ex-assailant Robinho received a 9-year prison sentence in December 2020, in a case that investigated sexual violence against a young man of Albanian origin, in 2013.

On January 19, 2022, Robinho has a confirmed conviction by the highest instance of Italian Justice. A few months later, on February 16, an international arrest warrant was issued.

The accusation used recorded audio from a shield installed in a car, which flagged a conversation between Robinho and his friends, or which made it possible to confirm the victim’s version of the collective rape.

As the Brazilian Constitution does not allow the extradition of Brazilians, he cannot be imprisoned and deported to Italy. The Italian justice requested, therefore, the execution of the sentence of the former athlete in Brazilian territory.

The case now runs in the Superior Court of Justice (STJ), under the rapporteurship of Minister Francisco Falcão. The approval of the sentence is not a new judgment of the case, seeking only to analyze the formal requirements for recognition and execution of the decision in Brazil.

In an exclusive interview with CNN, or lawyer gives Vitima says that he expects Robinho to comply with the penalty in Brazil. “For us it is absolutely indifferent whether the penalty is served in Italy or not in Brazil. The important thing is that it be fulfilled. But we are completely confident”, affirmed Jacopo Gnocchi.

*With information from Adriana De Luca, Bárbara Brambila, Manoela Carlucci and Lucas Mendes, from CNN