The Federal Supreme Court (STF) concluded a trial on Wednesday that rejected former player Robinho’s defense appeal and kept him in prison following a rape conviction in Italy, the court said in a statement.
The court had already formed a majority in favor of jailing the former Brazilian international striker, and has now concluded the trial by a score of 9 to 2 to maintain his prison sentence.
Rapporteur at the trial on the habeas corpus request made by the former athlete’s defense, minister Luiz Fux rejected the arguments of Robinho’s defense and stated that no illegality was found in the trial.
Ministers Edson Fachin, Luís Roberto Barroso, Cristiano Zanin, Cármen Lúcia, Alexandre de Moraes, André Mendonça, Flávio Dino and Nunes Marques followed Fux’s vote. Ministers Gilmar Mendes and Dias Toffoli voted in favor of Robinho’s release.
Robinho was transferred to Brazil after the conclusion of his trial in the Italian country, his nine-year prison sentence in Italy, and since March this year he has been detained in Tremembé, in the hinterland of Sao Paulo.
The case relates to a 2017 Milan court decision, which found Robinho and five other Brazilians guilty of raping a 22-year-old Albanian woman after getting her drunk at a nightclub in the Italian city in 2013.
The nine-year sentence was upheld by an appeal court in 2020 and validated by the Italian Supreme Court in 2022.
After upholding convictions in three cases, Italy requested the Brazilian’s extradition – an action prohibited by the federal constitution for native Brazilians – and issued an international arrest warrant.
Due to the impossibility of extradition, the European country appealed to the Brazilian Judiciary, through the Ministry of Justice, requesting approval of the decision that convicted the player so that the sentence could be served in Brazil.
The Special Court of the Superior Court of Justice (STJ) approved the sentence that sentenced the former player on March 20, defining that the sentence will be served immediately and in a closed regime.
The defense then turned to the STF with an appeal, arguing that the determination of the immediate start of the execution of the sentence would not be in accordance with the jurisprudence of the court.
Source: Terra
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