The Ministry of Justice of Italy requested the homologation of the penalty of the player Robson de Souza, known as Robinho, accused of 9 years in prison for rape, in Brazil. Questioned whether the player can, in fact, be arrested in Brazilian territory, criminal lawyer Marina Coelho Araújo told the CNN that the situation is controversial.
“There is no decision where I can say yes or no”, he explains. “It is possible that the interpretation of the law in Brazil is done in a different way”.
The lawyer explains that the Superior Court of Justice (STJ) needs to look at the process, carried out by the Italian justice, and understand whether the verdict was given according to Brazilian rules.
“Was it a competent authority that gave the decision? Was he entitled to defence? His defense in Brazil is claiming no”, he adds. “It is necessary to understand how the sentence was made, what procedure led to it, and whether this procedure is compatible with the Brazilian one. The analysis that the STJ is going to do today is a bit along those lines,” he says.
As this assessment is still being made, Minister Francisco Falcão banned the player from leaving Brazil.
precedent
For Araújo, Robinho’s case can be a precedent for other similar cases that happen in Brazil, especially in a globalized world, in which a person can move between countries very easily.
He even mentions that the case has already become an example, with his case clearly motivating the arrest of Daniel Alves, accused of having sexually assaulted a woman in a nightclub in Catalonia, Spain, at the end of 2022.
“This is a very important moment for the STJ to align and frame this issue, so that we can have a coherent adaptation to the globalized world”, he concludes.
remember the case
Striker Robinho received a sentence of 9 years in prison in December 2020, in the case that investigated sexual violence against a young woman of Albanian origin, in 2013.
On January 19, 2022, 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.
The prosecution used audio recorded from a wiretap installed in a car, which caught a conversation between Robinho and his friends, which made it possible to confirm the victim’s version of the collective rape.
As the Brazilian Constitution does not allow the extradition of Brazilians, he could not be arrested and deported to Italy. The Italian justice then asked for the execution of the athlete’s sentence in Brazilian territory.
The case is now running at the Superior Court of Justice (STJ), with a report by Minister Francisco Falcão. The homologation of the sentence is not a new judgment of the case, seeking only to analyze the formal requirements for recognition and execution of the decision in Brazil.
In an exclusive interview with CNN , the victim’s lawyer said he hopes Robinho will serve his sentence in Brazil. “For us it is absolutely indifferent whether the sentence is served in Italy or Brazil. The important thing is that it is fulfilled. But we are completely confident”, stated Jacopo Gnocchi.
*With information from Lucas Mendes of CNN
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
