Minister Gilmar Mendes, of the Federal Supreme Court (STF), voted this Friday (15) to immediately release former football player Robson de Souza, known as Robinho.
The habeas corpus trial takes place in the court’s virtual plenary session and was resumed after the return of Gilmar Mendes’ request for a review, made on September 23. Until this Friday afternoon, the score of the virtual trial is 3 to 1 to maintain prison, as ministers Luiz Fux, Luís Roberto Barroso and Edson Fachin have already voted.
Fux is the rapporteur of the matter. The other court ministers must enter the vote into the system by November 26, when the trial ends.
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The defense of former football player Robinho filed a new request for freedom at the Federal Supreme Court (STF). In March this year, Robinho was arrested in Santos (SP) and remains detained in Tremembé, 150 kilometers from São Paulo to serve a nine-year prison sentence.
Vote from Gilmar Mendes
In his 37-page vote, Minister Gilmar Mendes commented on the non-application of art. 100 of the Migration Law of 2017, which allows the approval of a foreign criminal sentence. For Mendes, the so-called Transfer of Execution of Sentence (TEP) for this case of the former Milan striker does not apply because he cannot retroact the crime committed in 2013.
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“Equally understanding that the aforementioned art. 100 cannot be retroactively effective, I highlight a doctrinal passage according to which “[A lei de Migração] It is not possible to make it retroactive to harm the defendant, as it is a rule that is notably more severe on the rights of the convicted person.”
The judge still understands that the case could have been judged by the Brazilian courts. “The institute’s non-incidence of transferring the execution of the sentence to the type now decided does not generate any impunity, as nothing prevents Brazilian law from achieving the imputation carried out in Italy against the patient”, he wrote in his vote.
Gilmar Mendes states that the decision of the Superior Court of Justice (STJ) to approve the foreign court’s conviction, with the consequent immediate arrest, prevents the analysis of the extraordinary appeal filed by Robinho’s defense lawyers.
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“Based on the premise that the ratifying decision handed down by the STJ still challenges an extraordinary appeal to be judged by this Supreme Court (art. 102, III, ‘a’, of the CR), it can be seen that, if the understanding reached by the STJ prospers, (supported by the eminent rapporteur), the accused would be immediately arrested even when an extraordinary appeal was pending examination.”
History
The sentence was carried out after the Superior Court of Justice (STJ) approved the sentence of the Italian Court that convicted a Brazilian in three instances for gang rape committed against a woman of Albanian origin.
According to investigations, the crime occurred inside a nightclub called Sio Café, in Milan (IT), in January 2013. The Italian sentence had ordered the Brazilian’s immediate arrest, but the former player was already in Brazil.
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Robinho’s career began at Santos Futebol Clube and he played several times for the Brazilian national football team. He played for clubs in different parts of the world, including European clubs Real Madrid, from Spain; Manchester City, from England; and the Italian Milan; in addition to Guangzhou Evergrande, from China and others.
Back in Brazil, Robinho still played for Atlético Mineiro and returned to the club that revealed him, Santos. Officially, the convict has not played since 2020 and, in July 2022, the player himself announced his retirement.
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