The defense of Robson de Souza, The former player Robinhofiled an appeal in the you have a body that is being processed in the Federal Supreme Court (STF), this Friday (6), to try to reverse the decision that allowed the arrest of the former athlete. He was sentenced to 9 years in prison by Italian court in a case of rape.
In the Tremembé Penitentiary Complex, in the interior of São Paulo. The place is known as the “Penitentiary of the Famous”. The appeal was filed with Habeas Corpus in the Supreme, which was already denied by Minister Luiz Fux.
In the embargoes of declaration presented by the defense, the lawyers claim that there was “omission at two fundamental points: a) National sovereignty and the right of the Brazilian citizen to be judged by the judiciary of Brazil; eb) incidence of the principle of” Lex Specialis Derogat Legi General “.
This last item states that a specific norm prevails over a general norm when both deal with the same subject. The appeal argues that this rule was not duly considered in the decision of the minister who denied the HC, which may have resulted in a mistaken application of the laws involved.
“The Brazilian citizen is safeguarded and guaranteed to submit to Brazilian jurisdiction, although the fact that the criminal occurred outside the national state, considering a series of circumstances that fully ensure a fair and exempt judgment,” the lawyers maintain.
“It is drawn by the knowledge and provision of the declaratory-including with infringing effects-so that, by remedying the omissions pointed out, grants the reheated order, in the exact terms as in exordial,” says the document filed by requesting a change in the merits of the decision.
after a collegiate decision of the Superior Court of Justice (STJ) that approved the Italian justice sentence and ordered his immediate arrest.
Condemned for rape
For the involvement in the collective rape of a 23 -year -old woman in a Milan nightclub in 2013. At the time, Robinho acted for Milan from Italy.
The investigations showed, with authorization from the Italian court for interception, a series of telephone calls between the former athlete and friends, also accused and convicted of the same crime. In the recordings, Robinho and Friends joke the situation and believed they would be unpunished.
The Public Prosecution Service of Milan resorted to Brazil, asking the country the immediate extradition of Robinho. However, Brazilian law does not allow the extradition of its citizens.
Thus, the STJ answered another MP’s request for the former player to serve the penalty in Brazilian territory.
