‎Brazil News

 

The STF began judging this Friday, the 13th, habeas corpus of former player  Robinho  against the execution of the nine-year prison sentence imposed by the Italian Justice for the crime of rape.

 

With the vote of the rapporteur, Minister Luiz Fux, maintaining the decision of the STJ that approved the foreign sentence and determined the fulfillment of the sentence in Brazil, Minister Mendes requested a review, suspending the analysis of the case.

 

Understand

 

Robinho was convicted by the Italian courts for participating in a gang rape that occurred in 2013.

 

In January 2023, the STJ  approved  the Italian decision and ordered the immediate start of serving the sentence in Brazil.

 

Read more

STJ decides that Robinho must serve his sentence in Brazil

 

The former player's defense filed a habeas corpus arguing that the STJs decision contradicts the STF's jurisprudence, since the execution of the sentence was determined before the decision became final, that is, while there were still pending appeals, such as declaratory appeals and extraordinary appeals.

 

The lawyers claim that Robinho remained free throughout the homologation process and that he did not pose a risk to public order.

 

Another point raised is the unconstitutionality of the immigration law (13.445/17), which allows the execution of foreign sentences in Brazil. The defense argues that this provision violates the principle that no native Brazilian can be extradited and that, by analogy, the execution of sentences imposed by other countries should not be allowed.

 

The defense also questions the application of the migration law to events that occurred in 2013, prior to its enactment, invoking the principle that criminal law does not apply retroactively to the detriment of the defendant.

 

Another argument is the claim that the process in Italy did not guarantee due process, and that there was a violation of cooperation treaties between Brazil and Italy, which would prevent the execution of sentences restricting freedom.

 

Robinho was sentenced to nine years in prison for rape committed in Italy. 

International cooperation

 

In March, the rapporteur, Minister Luiz Fux,  denied  the preliminary injunction, maintaining the former player's arrest.

 

Now, in the case  submitted for analysis by the plenary, the rapporteur  understood that there was no illegality in the STJ decision that approved the foreign sentence. According to the minister, the transfer of the execution of the sentence is provided for in Brazilian legislation and in international treaties to which Brazil is a signatory.

 

Minister Fux emphasized that the convicted person had the right to due process in Italy, with full defense and adversarial proceedings, and that there was no violation of constitutional or international norms.

 

In his vote, the rapporteur also highlighted that the transfer of execution of a sentence does not constitute extradition, which is prohibited by the Constitution for Brazilian nationals, but rather an international cooperation measure that aims to ensure compliance with the sentence in national territory, as provided for in the migration law and bilateral treaties.

 

The transfer of execution of the sentence from Italy to Brazil is supported by the principle of mutual recognition in criminal matters. Based on this principle, it is even possible to carry out procedural acts in foreign countries, through international cooperation, for example, for the hearing of witnesses by letter rogatory.

 

Finally, the minister did not find any alleged violation of due process, public order or international instruments governing legal cooperation in criminal matters.

 

Thus, he denied the order.

 

link: https://www.migalhas.com.br/quentes/415222/com-voto-de-fux-para-robinho-cumprir-pena-gilmar-mendes-pede-vista