Victim’s lawyer says Robinho looks for egg hair to avoid jail

The lawyer for the woman who accused Robinho of rape criticized the last attitude of the former player’s defense.

Jacopo Gnocchi said that Robinho’s lawyers are trying to look for “egg hair” in the process that could lead him to jail for the rape committed in Italy. The country has already sent a copy of the judgment to the STJ, but Robinho’s Brazilian lawyers are trying to delay the decision by asking for the entire Italian case – and translated.

“I think this attempt to look for ‘egg hair’ is a little out of place to avoid the inevitable, that is, that he serves his sentence in Brazil”, said the lawyer. “I don’t think there’s anything more to prove because the culprit [Robinho] he had a fair trial, with all the guarantees of defense, because he was advised at all levels of the trial by absolutely specialized Italian lawyers.”

WHAT IS ROBINHO’S DEFENSE STRATEGY?

José Eduardo Alckmin’s office told the STJ that Robinho can only defend himself if Italy sends the entire process. They would be documents and evidence produced over ten years by various Italian institutions. The documentation must also be translated into Portuguese.

The defense will try to demonstrate that Robinho did not get a fair trial in Italy. Therefore, he does not have to serve a nine-year sentence for the rape of a 23-year-old woman in Milan.

The STJ regulations say that to obtain a transfer of sentence, the country must send the translated sentence to Brazil, in addition to “other essential documents”. Robinho’s argument is that the entire process is an “indispensable document”.

In similar cases, the STJ transferred the sentence by analyzing only the sentence, without the need for the entire process. Minister Maria Thereza de Assis Moura has not yet decided whether to accept Robinho’s defense request.

WHAT IS ITALY’S POSITION ON THE SUBJECT?

Italy does not consider it necessary to send the dossier in its entirety. “All the international conventions that govern the mechanisms of recognition of foreign judgments foresee that the sentencing State transmits the sentence to be recognized and, at the most, the incriminating norms”, said a person from the Italian Ministry of Justice, speaking to UOL in condition of anonymity.

“The judge verifies the sentence, verifies that it is a crime in both countries and that the person had a fair trial. The judge cannot go into the merits and repeat the judgment.”

Franco Moretti and Alexander Gutiérrez, the lawyers who defended Robinho in Italy, were approached by the report, but preferred not to comment.

PROSECUTOR SAYS THAT NORMALLY SENTENCE IS ENOUGH

“Robinho was not judged in absentia. He knew the accusation. His lawyers can have access to the information through the Italian lawyers who defended him. Usually the sentence is enough for this type of trial, along with the final and unappealable certificate. STJ analyzes formal issues and not the Italian decision. The norms that govern the matter do not give the STJ the possibility of carrying out an in-depth examination of the factual content, so there is no reason to translate testimonies”, said Vladimir Aras, attorney and professor of process of the Federal University of Bahia (UFBA).