Understand what could happen in Robinho’s trial at the STJ – 03/19/2024 – Sports

Scheduled for this Wednesday (20), the STJ (Superior Court of Justice) trial on former player Robson de Souza, known as Robinho, will not analyze whether or not he committed the crime of rape, but only whether he must comply in Brazil the sentence to which he was sentenced in Italy.

Robinho, 40, was sentenced by Italian authorities to nine years in prison. His first conviction was in 2017 and he appealed and had his attempts exhausted in 2022, with a final judgment.

According to the investigation in Italy, the athlete and five other Brazilians committed group sexual violence against a woman of Albanian origin in a nightclub in Milan in 2013. He always denied the crime.

Initially, the European country demanded Robinho’s extradition, but legislation prevents this from happening to native Brazilians.

Italy then requested that the sentence be served in Brazil, which will be evaluated by the STJ’s special court, which brings together the court’s 15 most senior ministers.

In the process, Robinho’s defense will argue that the Italian request is not validated, which would result in the former player being prosecuted again — this time, in Brazil.

The defense uses as an argument a July 1993 decree on legal cooperation in criminal matters between Brazil and Italy.

The agreement says that this cooperation “will not include the execution of measures restricting personal freedom or the execution of sentences.”

“We are not trying to escape justice, we just think he has to be tried here”, says lawyer José Eduardo Rangel de Alckmin, who defends Robinho, to Sheet.

“What is at stake is not just the Robinho case, it is the right of all of us Brazilian citizens. Giving up national sovereignty to make nice for the press, with all due respect, is the end of the world”, says the lawyer.

According to Alckmin, evidence from the Italian process can even be used by the Public Prosecutor’s Office in the case of an action being processed in Brazil. He also states that there is no risk of prescription.

In Wednesday’s trial, before the ministers start voting, the defense, the Federal Public Ministry and interested parties (amicus curiae) speak out.

The Prosecutor’s Office has already said that it understands that the request made by the Milan Court to validate the Italian sentence must be accepted.

According to Deputy Attorney General Carlos Frederico Santos, “all legal and regulatory requirements for the continuation of criminal execution were met.”

After the demonstrations, the rapporteur of the process, Minister Francisco Falcão, will vote. The other ministers then vote, in order of seniority.

For the Italian sentence to be approved, a simple majority vote is required – half plus one of the ministers present.

There is a possibility that, on Wednesday, there will be a request for review (more time for analysis) from one of the ministers and the trial will be halted. Members of the STJ consulted by the report, however, state that there should be no such request.

Experts consulted by the report state that in the trial, in addition to the possibility of Robinho serving the sentence defined by Italy, other issues related to the parameters of serving this sentence may be defined.

Contrary to Robinho’s defense, they see the possibility in Brazilian legislation that the sentence will be served in Brazil.

“[Pode ser definido se] Will the reprimand be maintained? Is there any reduction, since the legislation is diffuse? Will he comply with a closed regime?”, says lawyer and master in criminal procedural law Daniel Bialski.

According to him, serving the sentence “is possible due to the current legislation that allows Brazil to execute the sentence.”

“Just one detail that, despite being obvious, needs to be said, there is no debate as to whether he committed the crime. This is a point that has been overcome. He was convicted. It will only be said whether or not he will serve this sentence in our country”, says Bialski.

Lawyer specializing in criminal sciences Berlinque Cantelmo says that recognition of the Italian sentence would be “in line with international treaties to which Brazil is a signatory, which provide for legal cooperation between countries for the enforcement of criminal sentences.”

According to him, Brazil “has a varied history” when analyzing similar cases.

“In general, the country follows international treaties that facilitate international legal cooperation, including the execution of foreign sentences, as long as they do not violate Brazilian public order and the fundamental rights recognized by the Brazilian Constitution”, he states.

“Each case, however, is unique and is judged based on its own circumstances and merits.”

Criminal lawyer André Damiani states that there are few precedents regarding the subject, and therefore it is not possible to predict the outcome of the trial. “However, it is certain that it will serve as a paradigm for new similar cases,” he says.

Although Robinho has always publicly denied the crime, the Italian police recorded conversations between the former athlete and friends in which he confirmed the victim’s unconscious state.

“That’s why I’m laughing, I don’t care. The girl was extremely drunk, she doesn’t even know who I am,” said the former player.

The recordings were part of the material used by the Italian Public Ministry in the process that convicted the Brazilian of gang rape.