The STF has the majority to keep Robinho in prison; the process continues

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The Federal Supreme Court (STF) decided this Friday (22nd) to keep the former player in prison Robinhoconvicted of gang rape in Italy. Six of the eleven ministers voted in favor of continued detention, while the minister Gilmar Mendes He was the only one to take a stand in favor of the former athlete’s freedom. The process, which took place electronically, will continue until Tuesday (26th), with the possibility of new votes and requests for revision. Robinho He is serving a nine-year sentence in Tremembé, after the Superior Court of Justice (STJ) ruled that he should serve the sentence in Brazil.

The STF ministers analyze two requests for freedom made by the former player’s defense. The journalist in the case, Luiz Fux, argued that there was no illegitimacy in determining the immediate execution of the sentence, highlighting that the STJ’s decision was based on constitutional principles. Fux declared that the STJ’s decision did not violate any constitutional rules or international treaties, allowing the sentence to be enforced in Brazil.

In his vote, the minister Alexander of Moraes reiterated that the execution of the sentence does not disrespect the principle of the presumption of innocence, since the conviction was based on the completion of a complete judicial process. He also addressed the extraterritoriality of the sentence, underlining that the inability to extradite Brazilians does not imply impunity, since Brazilian legislation allows the execution of sentences applied abroad, as long as certain legal requirements are met.

The defense of Robinho disputes the validity of sentence enforcement in Brazil, arguing that the Immigration Law, which allows the transfer of sentences from other countries, should not be applied to crimes committed before its entry into force. Furthermore, lawyers question the competence of the STJ in determining the arrest without analyzing the appeals submitted. The expectation now is that the STF will conclude the process, defining the future of the former player.

Source: Terra

Amanda

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