After the conclusion of the trial of football player Robinho in Italy, many doubts hang over the athlete’s future. He was sentenced by the Italian court to serve a 9-year sentence for rape, but he is in Brazil.
in interview at CNN Brasil This Saturday (22), the lawyer and law professor at FGV Segundo Celso Vilardi stated that the footballer cannot be arrested in Brazil due to the impossibility of extradition provided for in the Brazilian Constitution, but he can receive a Interpol red alert.
“Italian justice must frame Robinho on an alert that we call Interpol red alert, with an arrest warrant pending. This should prevent him from leaving Brazil”, explained the lawyer.
“If he is in any other country, he can be arrested on the basis of the Interpol warrant. In this case, Robinho will be deported and sent to Italy to serve his sentence,” he added.
Vilardi explained that Law 13,445, of 2017, provides for the execution of the sentence in Brazil, but a treaty signed with Italy makes the case different.
“Brazil has a treaty with Italy that does not provide for this possibility. [cumprimento da pena em solo nacional]. Therefore, the penal code only authorizes the penalty as a security measure and for indemnification purposes. We are dealing with a case of impunity, because he should not be arrested here in Brazil”, said the professor.
Finally, Vilardi stated that there is a possibility that the Italian justice system could send documents and evidence of his trial to the Brazilian justice system, which could lead to the opening of a new trial in the case here in Brazil.
“For the player to be punished, it would depend on a new process in Brazil and the validation of evidence, which is something exceptional, which is why I believe that if he stays in the country, he will not serve his sentence”, he declared.
“As there is no prison term, he does not have any criminal measures. With no possibility of extradition and no conviction, here Robinho is a free citizen”, he added.
The Italian justice has already expressed interest in putting Robinho’s name on the red alert list. In a note, the Italian Ministry of Justice stated that the Attorney General has already requested the inclusion of the player in the Interpol database.
See the full note from the Italian Ministry of Justice:
“According to the Italian legal system, after the pronouncement of a final judgment, the Attorney General requests the Ministry of Justice to disseminate international research (the so-called inclusion in the Interpol database), and the Minister of Justice can order , end of extradition, search abroad of the accused or sentenced person and requesting his provisional arrest”. Currently, the reasons for the conviction have not yet been presented by the judicial authority. Any entry in the Interpol database (the Red Notice) and the relative date cannot be communicated.
*With information from Pedro Osório, from CNN, in São Paulo
Reference: CNN Brasil