The Superior Court of Justice (STJ) postponed to August 20 the judgment of the defense of former player Robinho, who tries to review the time of penalty defined by the Italian justice in the condemnation for collective rape. The analysis was scheduled for this Wednesday (6), but was removed from the agenda by the Special Court.
In the appeal, Robinho’s lawyers claim that the penalty of nine years, established in Italy, should be recalculated based on Brazilian law. The defense argues that, according to national rules, the former player should serve six years in prison under a semi-open regime-not nine years in closed regime, as provided for in the foreign judgment.
Despite the attempt, the majority understanding of the STJ Special Court has been contrary to the review. In May, during virtual trial, eight ministers voted to reject the appeal. The analysis, however, was interrupted after a prominent request from Minister João Otávio de Noronha, who transferred the discussion to the face -to -face session. With the postponement, the votes already presented will have to be repeated.
Robinho has been arrested since March 2024 at the Tremembé 2 Penitentiary Progression Center in São Paulo. The detention was determined after the STJ approved the decision of the Italian justice, in compliance with an international cooperation request. In April, the court authorized the beginning of the sentence in Brazil.
The crime occurred in 2013, in a nightclub in Milan. The victim, an Albanian woman, accused the player and others involved in collective rape. The first conviction was issued in 2017, and the sentence became definitive in 2022, after confirmation by the last instance of Italian justice.
In a new attempt filed in June, the defense re -questioned the legality of the execution of the sentence in Brazil. According to the lawyers, being a Brazilian Brazilian, Robinho could not be extradited, nor to serve a sentence determined by another country, which would violate constitutional principles.
The rapporteur of the case at the STJ, Minister Francisco Falcão, has already spoken out against the request. For him, the Brazilian court has no jurisdiction to review judgments final judgment abroad in legal cooperation proceedings. In his vote, Falcão stated that the defense appeal seeks to reopen discussions already overcome and has no omissions or failures that justify new analysis.
The new trial, now in a face -to -face session, will be decisive to confirm or change the Court’s understanding of the penalty dosimetry. Until then, Robinho is still in prison and the conviction remains valid.
Laura Basilio under supervision of Thiago San.
