Brazil has denied the request made by the Italian court to extradite the former soccer player Robinho, sentenced in all instances to 9 years in prison for the rape of a young woman in 2013.
The information on the denial of extradition was confirmed to the CNN, this Wednesday (2), by the victim’s lawyer, Jacopo Gnocchi.
The decision was already expected because the Brazilian Constitution does not allow the extradition of native Brazilians. However, Gnocchi told the CNN that, now, a formal request will be made for Robinho’s sentence to be served in Brazil.
“The denial of extradition was one of the possibilities that we had already considered in the Brazilian Constitution. It is a formally correct decision, but in essence it transformed the Brazilian constitutional guarantee into an instrument of impunity, nullifying the execution of a sentence that was duly investigated by the Italian justice”, said Gnocchi, in a note.
“We hope, at this moment, that there is at least a request for the execution of the same sentence in Brazil, and that also for the protection of women and, more generally, of all victims of violence, given the resonance of the case”, he added.
The victim’s lawyer concluded by stating that he believes that Brazil’s Constitution should protect citizens and victims, and “not be used to distort its purpose of seeking and obtaining impunity for a heinous crime.”
On January 19 of this year, Robinho had his conviction confirmed by the highest instance of Italian Justice. Almost a month later, on February 16, an international arrest warrant was issued. On October 4, the Italian Justice requested his extradition.
THE CNN contacted the Brazilian Ministry of Justice and Robinho’s defense lawyer about the extradition denial, and is awaiting a response.
Lawyers differ on Robinho’s arrest in Brazil
Brazil does not extradite “born Brazilians”, which means that Robinho would only be arrested if he traveled abroad.
In an interview with CNN in February 2022, after the Brazilian’s sentence was confirmed, FGV criminal law professor Davi Tangerino stated that, in addition to the issue of an arrest in foreign territory, the Superior Court of Justice (STJ) has already approved requests transfer of sentence from other governments through the Migration Act 2017.
Source: CNN Brasil
