On Wednesday, Brazil’s highest court declared that former soccer star Robinho must serve his nine-year rape sentence term in his native country due to his 2017 conviction in Italy.
Robinho, known for his stints with Manchester City and Real Madrid, received a nine-year prison sentence for rape from an Italian court.
The Brasilia court’s decision aligns with an Italian request for Robinho to serve his rape sentence in Brazil.
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Robinho’s legal team, representing the now 40-year-old, plans to petition for habeas corpus in Brazil’s Supreme Court, seeking his continued freedom during the appeal process.
Judges at Brazil’s Superior Court of Justice in Brasilia voted 9-2 to uphold the conviction of the former Real Madrid, Manchester City, and AC Milan player.
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This stems from his involvement in the gang rape of a 23-year-old Albanian woman during her birthday celebration at a Milan nightclub in 2013.
Robinho’s lawyer seeks a retrial in Brazil after his client’s rape sentence
Robinho was not present during the court session, and his lawyers have indicated that he will remain free while considering an appeal against the ruling.
Robinho’s lawyer, José Eduardo Alckmin, stated at the beginning of Wednesday’s hearing that his client seeks a retrial in Brazil based on the principle of national sovereignty.
Alckmin emphasized the urgency, noting that without a habeas corpus, Robinho could face imprisonment “in a matter of days, it could even be hours.”
“Robinho is ready to comply with our judiciary. If an officer comes, he will comply. He will not resist,” the lawyer assured.
The former Brazilian international, now 40 years old, was a player for AC Milan when the crime occurred.
His conviction was upheld by Italy’s highest court in 2022, leading Italian prosecutors to issue an international arrest warrant. He also faced a defeat in the Milan Court of Appeal in 2020.
While Robinho maintains his innocence, claiming the encounter was consensual, he criticized the Italian justice system, alleging racism.
Brazil, however, does not extradite its citizens, prompting Italy to request that Robinho serve his rape sentence in his home country.
“Brazil cannot be a haven for criminals,” stated Judge Mauro Campbell Marques during the voting process.
The judges completed their voting in less than a day, a surprise to many Brazilian legal analysts who anticipated a decision taking days or even weeks.
Coincidentally, on the same day, a Spanish court ruled that Brazilian soccer star Dani Alves could be released from prison upon payment of a one-million-euro ($1.1 million) bail and surrender of his passports while awaiting the appeal of his conviction for rape in Barcelona.
The first judge to vote, Francisco Falcão, asserted that Robinho should serve his sentence in Brazil, emphasizing the importance of accountability and suggesting potential diplomatic tensions between Brazil and Italy if the sentence is not honored.
In contrast, Judge Raul Araújo, one of the dissenting voices, argued against Robinho’s imprisonment in Brazil for a conviction in Italy.
However, Judge Isabel Gallotti, among the minority dissenters, supported the majority decision, stating, “This foreign sentence is long, well-founded, and well-reasoned.”
Robinho currently resides in Santos, near Sao Paulo, and surrendered his passport to Brazilian authorities in March 2023. He maintains his innocence, claiming that his sexual encounter with the woman at a Milan bar was consensual.
The court also decided that authorities in Santos would determine when and how Robinho would be incarcerated. Lawyer Jacopo Gnocchi, representing the victim, expressed satisfaction with the Brazilian court’s decision.
“We believe that this is the fair conclusion of a case that occurred in Italy, with guarantees for all the defendants who were subsequently found guilty,” Gnocchi told Brazilian news website UOL.
“We respected and understood that the Brazilian Constitution does not allow the extradition of its own citizens, but that does not change the fact that when the sentence is final, it is fair for the sentence to be applied.”
In an interview with TV Record aired on Sunday, the former footballer attributed his conviction in Italy to racism.
“I played only four years in Italy and I got tired of seeing stories of racism. Unfortunately, it still exists today.”(The rape case) was in 2013, and now we are in 2024. The same people who don’t do anything against it (racism) are the ones who sentenced me,” Robinho said.
