Brazil reopens Robinho’s case to review his Italian rape conviction. Understand why

A fresh look at the international legal complexities after his conviction in Italy.
by
sambafoot_admin
2024-08-31 15:30:33

Since March, Robinho’s been locked up in Tremembé’s Penitentiary 2 in São Paulo, serving a nine-year sentence for a gang rape conviction from Italy back in 2013. This case took a new turn recently when Minister Luiz Fux filed a habeas corpus request for him in Brazil’s Supreme Federal Court.

Filing a habeas corpus for Robinho is his legal team’s way of arguing that his imprisonment might not be right under Brazilian law. They’re hoping this move could lead to a review or even his release if they find any issues with how his case was handled.

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Under the new development

Robinho’s case involves several complex legal considerations, mainly due to the differences in how Brazil and Italy handle such cases. Robinho was convicted in Italy for participating in a gang rape in 2013, and this conviction was upheld through the Italian appeals process, ultimately being confirmed by Italy’s Supreme Court in 2022.

Since Brazil does not allow the extradition of its nationals (Brazilians cannot be sent to another country to face trial or serve a sentence), the Italian authorities sent him to Brazil to serve his sentence.

In response, Brazil’s Superior Court of Justice (STJ) upheld the Italian sentence, which means Robinho is required to serve the nine-year sentence in Brazil. This decision aligns with Brazilian legal standards that permit the enforcement of foreign sentences but protect nationals from extradition.

Why was Robinho’s case reopened?

The case is being reopened because Robinho’s lawyers are challenging how his Italian sentence is being handled in Brazil. They’re questioning if Brazil should start enforcing his sentence before the legal process is fully completed in Italy.

The phrase “before the legal process is fully completed in Italy” can be confusing since Robinho’s case has gone through all levels of the Italian judicial system, including the appeals and confirmation by Italy’s Supreme Court in 2022. The legal process in Italy is indeed complete.

However, in Brazil, Robinho’s defense is arguing that under Brazilian law, certain procedures need to be fully finalized before Brazil can enforce the Italian sentence.

They are questioning whether the Brazilian courts properly recognized and validated the Italian conviction, even though it is final in Italy. They’re challenging the steps Brazil took to enforce the foreign sentence, which is why the case is being reopened.

As the STF prepares to review this appeal from September 6th to 13th, the case promises to test the limits of international justice and bilateral agreements.