Ministers Luiz Fux, Edson Fachin, Luís Roberto Barroso and Cristiano Zanin also voted in favor; Gilmar Mendes remains the only one to support the release
The trial in the (STF) regarding the continuation of imprisonment made an important advance this Saturday (16). With the minister’s position, the score now stands at five votes in favor of the player remaining in the Tremembé penitentiary, in the interior of São Paulo. The decision, which has one vote against (from Gilmar Mendes), only needs one more vote to reach a majority of the 11 ministers.
Imprisoned since March, Robinho is serving a sentence for rape, a crime for which he was convicted in Italy. The trial began last Thursday and the ministers have until the 26th to formalize their positions. The process takes place in a virtual format, in which magistrates record their votes in written form, without direct debates.
Cármen Lúcia, the last to speak out so far, highlighted in her vote the global impact of impunity for crimes against women. “Women all over the world are subjected to crimes like the one discussed here, causing grievances of undeniable intensity to whoever is the direct victim, and also the indirect victim, which is each and every woman in the world, in a culture that still appears disgracefully present, a violation of everyone’s dignity.” “Impunity for the practice of these crimes is more than just negligence, it is a permanent incentive for the continuation of this state of affairs of inhumanity and cynicism, installed against all women in all corners of the planet, despite the imposing legal norms of respect for the right to the dignified life of all human beings”, concluded the judge.
In addition to Cármen Lúcia, the following ministers also voted in favor of Robinho remaining in prison: Luiz Fux (case rapporteur), Edson Fachin, Luís Roberto Barroso and Cristiano Zanin. Minister Gilmar Mendes remains the only one to support the release. Robinho’s defense claims that the Supreme Court of Justice (STJ) would not have the jurisdiction to order the player’s immediate imprisonment.
In September, Minister Luiz Fux, rapporteur of the case, had been the only one to declare his vote, before the trial was interrupted, in the first minutes of the session, with Gilmar Mendes requesting a view. At the time, Fux was against the two requests for habeas corpus from the player’s defense, understanding that there were no irregularities by the STJ in determining that he serve his sentence in Brazil. He also highlighted that Robinho was “duly assisted by a lawyer he trusts” during the sentencing process.
Robinho has been in pavilion 1 of Tremembé Penitentiary II since March this year. In prison, he has a habit of playing football with other inmates and reading. In addition, he has two project classes, with ten modules each, “Keeping an eye on the future” and “Rewriting my story”. He’s done nine of each.
Published by Luisa Cardoso
*With information from Estadão Conteúdo
