Robinho's defense challenges the STF to the heinousness of the penalty for rape

The defense of former player Robinho presented habeas corpus memorials to the STF (Supreme Federal Court) to rule out the heinous nature of the execution of the rape sentence he is serving in Brazil.

The files were forwarded to the rapporteur minister Luiz Fux for a decision. According to the document that CNN Brasil obtained access to, the lawyers maintain that the conviction handed down by the Italian Court does not provide for the classification of a heinous crime and argue that the application of this condition by the Brazilian Judiciary unduly aggravated the effects of the foreign sentence.

Sentenced by Italian courts to nine years in prison for participating in a gang rape in 2013, Robinho began serving his sentence in Brazil after the STJ (Superior Court of Justice) approved the foreign sentence.

The former Santos and Brazilian team player has been imprisoned since March 2024, first in Penitentiary 2 in Tremembé, and now in the Resocialization Center in Limeira, in the interior of São Paulo

The convict's defense cites that the Brazilian State, despite stating that it cannot interfere in the decisions accepted by the Italian Court, granted a non-existent criminal-material category in the current approved sentence, since Italy does not have a classification of "heinous crimes" in criminal execution compatible with Law No. 8,072/90 in Brazil.

"The heinous classification directly interferes with the material content of the sentence and cannot be added subsequently to the approved foreign title to the detriment of the patient", wrote lawyer Bruno Dias Cândido in the request.

For lawyers, the addition of the "heinousness" of the Brazilian title in the Italian jurisdiction is not compatible with the theory of law, which understands that each country has a legal regime and, therefore, does not provide for legality in the combination of criminal laws.

Thus, the defense alleges that the STJ (Superior Court of Justice) had exceeded the right to aggravate the sentence without having authority in the case.

The request also disagrees with the principle of isometry applied by Brazil to justify the aggravation of the sentence, on the grounds that he would not be in the same legal position as someone who was originally tried in Brazilian territory.

Applying the heinousness in Robinho's country of origin would constitute, for the defense, a double negative assessment of the same fact. The declared central point of the defense is that Robinho serves his sentence in Brazil with the same duties imposed by the Italian Court.

Understand Robinho's conviction
Idol of Santos with spells with the Brazilian National Team, Atlético, Real Madrid, Manchester City and Milan, Robinho was convicted of participating in the gang rape of a 23-year-old woman. The crime occurred in an Italian nightclub in 2013. At the time, Robinho played for Milan, in Italy.

During the investigations, Italian justice intercepted a series of telephone calls between the former athlete and friends, also accused and convicted of the same rape. In the recordings, Robinho and friends would have made fun of the situation, believing that they would be free from punishment.

According to investigations, Robinho and friends were in a nightclub in Milan, celebrating the birthday of one of them, when they met the victim. In one of the interceptions, Robinho says that the friends "snapped" the victim, in an act considered by the courts to be gang rape.

As the crime occurred in Italy, Robinho was prosecuted and convicted by the Italian courts. After the conviction became final, authorities in the European country requested Brazil's cooperation in carrying out the sentence.

As the Federal Constitution prohibits the extradition of native Brazilians, the STJ approved the foreign sentence and authorized the transfer of the execution of the sentence to Brazilian territory.

Over the years, Robinho's defense has requested several requests for habeas corpus. CNN Brasil reached out to the STF, which has not responded to date. The space remains open.

Source: CNN