Minister Luiz Fux of the Federal Supreme Court (STF) voted to deny an appeal from the defense of former player Robinho against the decision of the court that upheld his arrest. Alexandre de Moraes also voted and accompanied the rapporteur.
The trial began this Friday (28) in the virtual plenary of the court and runs until next Friday (4). In the format there is no discussion, only voting of votes in the Supreme Electronic System.
In the appeal, the lawyers called for the suspension of the sentence imposed on Robinho. In November last year, the Supreme Court had already rejected, by 9 votes to 2, the requests for freedom presented by the defense.
Justifying his vote, Fux stated that lawyers used an inappropriate instrument to try to reverse the decision already made by the court.
“Therefore, it is verified by reading the judgment, and for the appellate reasons themselves, that the embargo attempts, by improper way, to rediscuss a theme that has already been the subject of analysis,” Fux wrote in his vote.
The minister also pointed out that the type of appeal presented – declaration embargoes – cannot be used to reverse the majority position of the Court.
“In this context, I highlight that” declaratory embargoes cannot be used as an instrument of infringing revision, so that understanding manifested in the expired vote overlaps with the majority position, “adds the minister in his vote.
If Fux’s understanding is followed by the other ministers, Robinho’s arrest will be maintained.
Sentenced in Italy for collective rape, the former striker has been arrested since March, after the Supreme Court authorized the execution of the sentence in Brazil.
In February this year, the former player asked the court to reduce his sentence. The request was made after the completion of a distance course of electronics, radio and TV.
However, the São Paulo Public Prosecution Service (MP-SP) asked the request to be accepted. This is because, according to the prosecution, the certificate presented by Robinho did not meet some minimum requirements, besides having no frequency annotation.
Remember the case
Robinho was sentenced to nine years in prison for rape committed in 2013 against an Albanian woman in a nightclub in Milan, Italy. The definitive sentence came out nine years after the crime in January 2022 for the highest instance of Italian justice. He has been in prison since March last year.
The request for approval of the Italian sentence was made because Brazil does not extradite its citizens to fulfill penalties abroad.
The analysis of the request for approval was made by the Special Court of the Superior Court of Justice (STJ), a board formed by the 15 ministers with more time in court.
The STJ did not judge Robinho again for the crime of rape. The analysis of the homologation of the sentence evaluated whether the foreign decision fulfilled requirements established in Brazilian law and if the proper rules of the process were observed. For example, to have been rendered by the competent authority.
This content was originally published in STF has two votes to reject Robinho’s defense against prison on the CNN Brazil website.
Source: CNN Brasil
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