STJ rejects Robinho's appeal to take sentencing analysis to the STF

The minister argues that the arguments presented do not fit into what could be taken to the STF. UOL had access to the decision.

This conclusion was adopted under the general repercussion regime and is mandatory, and the courts, when analyzing the prior viability of extraordinary appeals, must deny action to appeals that discuss an issue for which the STF has not recognized the existence of general repercussion. Excerpt from the decision

Robinho's defense claims that "it is not possible for a native Brazilian to serve a foreign sentence in national territory". It is argued that the former player should be tried by Brazilian bodies, instead of serving a sentence determined by the Italian courts.

The heinous nature of the sentence is also contested, something that is not mentioned in Italian justice. In June, Robinho's defense presented a new request for habeas corpus to the STF to remove the heinous nature of the former player's sentence.

Rape, torture, robbery, among others, are considered heinous crimes, according to the National Council of the Public Ministry. A heinous crime is non-bailable.

In summary, there is no unconstitutionality in the transfer of the execution of a sentence, because there is no violation of the core of the fundamental right. Excerpt from the decision

In January this year, Robinho had his sentence reduced by 160 days. The move occurred after the São Paulo Court accepted the request for remission made by the former player's defense.

ROBINHO PRISON

In 2014, Robinho admitted to having had sexual relations with the victim, but denied sexual violence. He reinforced his speech in 2020, in an interview with UOL.

Still in 2020, when he had already been convicted in the first instance, he agreed to return to Santos. Peixe, however, suspended the contract with the striker days later due to pressure from fans and the press over the case.

In 2022, Robinho was sentenced in the third and final instance of Italian justice to nine years in prison. However, he was never arrested because he was already in Brazil, which does not extradite its citizens. Therefore, Italy asked Brazil to judge the possibility of the former player serving his sentence on Brazilian soil.

In Brazil, Robinho was sentenced to nine years in prison for the crime of rape committed in Italy. He has been in prison since March 2024 and, on November 17, he was transferred from Penitentiary II in Tremembé to the Resocialization Center in Limeira (SP).

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