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Defense asks STJ to deny Italy’s request for Robinho to serve sentence in Brazil

The defense of former player Robinho presented, on Tuesday (14) to the Superior Court of Justice (STJ), a request to reject the request for the fulfillment, in Brazil, of the nine-year prison sentence for rape that he was convicted in Italy.

As Brazil does not extradite citizens from the country, the Italian court asked for its decision to be approved, so that Robinho could serve his sentence here.

The STJ confirmed the information to CNN and informed that the rapporteur of the case, minister Francisco Falcão, sent a letter to Itamaraty asking that the Italian government be summoned and, if it wishes, present a reply to the defense presented by Robinho’s defense.

According to the court, in this case, the defense would still have space for a rejoinder before the Federal Public Ministry expresses its opinion on the case.

The STJ had already rejected a request made by Robinho’s defense for the Italian government to send the full and translated copy of the process that led to the former athlete’s conviction.

The former player’s defense argued that the documents provided so far are insufficient for the approval of a foreign decision – a process so that sentences produced abroad can take effect in Brazil.

Criminalist says Robinho should serve time in Brazil

Criminal lawyer and counselor at the São Paulo Lawyers Institute Marina Coelho Araújo stated, in an interview with CNN which considers the probability high that the Superior Court of Justice (STJ) will decide to ratify Robinho’s sentence in Italy and that the player will serve his sentence here in Brazil.

According to her, now that the process to decide whether or not to ratify the sentence will actually begin, there is a strong possibility that it will occur, allowing the sentence to be served here.

“There is an interpretation of the law that leads to this possibility. And, in addition, there is a global circumstance in the sense that he was prosecuted with all the structure to defend himself, everyone was heard, the evidence was taken and he was convicted in all instances in Italy”, he explained.

The lawyer adds that the similarities between legal processes in Brazil and Italy also favor the approval of the sentence.

“It is very difficult to approve a foreign sentence with very contradictory principles in relation to Brazil. But Italy has a criminal processing procedure very similar to ours.”

Video: Should Robinho serve time for rape in Brazil?

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The Robinho case

In 2017, Robinho was sentenced in Italy to nine years in prison for participating in a gang rape against a young woman of Albanian origin in a nightclub, which occurred in 2013. The Brazilian appealed the sentence and, in January 2022, was ultimately convicted, no more resources available.

The Italian court asked that Robinho serve his sentence in Brazil, as the country does not extradite Brazilian citizens. In February 2023, the Federal Supreme Court (STF) agreed to transfer the sentence.

It is now up to the Superior Court of Justice (STJ) to analyze the Italian sentence. The STJ will only assess whether the decision meets the requirements to be fulfilled in Brazil, and not the merit of the case itself.

The girl identified four other men (Rudney Gomes, Clayton Santos, Alexsandro da Silva and Fabio Galan) on the night she was abused.

See also: Robinho on rape victim: I don’t care

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Source: CNN Brasil

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