Updated Wednesday, March 20, 2024 – 23:50
The Superior Court of Justice of Brazil ordered this Wednesday that the former soccer player Robson de Souza ‘Robinho’ He will 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 a majority, with nine votes in favor and two against, and ordered that compliance with the sentence in a closed regime be immediate.
In this way, Robinho will have to go to prison before even being able to present appeals to this same court and to 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 serving 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, the magistrate Ricardo Villas Bas Cueva He 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, determined the imprisonment of the former soccer player so that he could serve his sentence in his country of origin.
The former striker, who emerged as a professional at Santos de Pel 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 nightclub in Milan, during his time as an AC Milan player.
The investigating judge, Francisco Falco, He 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 can generate a crisis diplomtica, 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 merit of the sentence. We just have to determine if the requirements for the transfer of the execution of the sentence are met,” he said.
In that sense, he affirmed 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.
Furthermore, he dismantled, one by one, all the defense arguments regarding 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 22:50:05
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