He Superior Court of Justice of Brazil ordered this Wednesday that the former soccer player Robson de Souza ‘Robinho‘ is serving in a Brazilian prison the nine-year sentence imposed on him in Italy for a 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 it ordered that compliance with the sentence in a closed regime is immediate.
Thus, Robinho will have to go to prison before even being able to present appeals of appeal to this same court and to the Supreme Court.
The 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 that would appeal for freedom.
At the last moment, Judge Ricardo Villas Bôas Cueva changed his vote and the majority was formed for the immediate fulfillment of the prison sentence.
Robinho, 40, was sentenced to nine years in prison by the Italian Justice for his participation in a gang rape in Milan in 2013, but he never served his sentence because he returned to Brazil, a country that prohibits the extradition of its 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 He emerged as a professional in Pelé’s Santos and played for Real Madrid and also played for Manchester Citywas found guilty of participating in a gang rape of a young Albanian woman in a Milan nightclub, during his time as an AC Milan player.
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 commitmentsas 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 firmly issued by an Italian court or open a new trial, but only to review whether all the requirements are met to accept Italy’s request for the former soccer player to serve 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 arguments of the defenseabout 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.
2024-03-20 22:40:02
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