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FORMER Man City star Robinho will finally serve his nine-year jail sentence for a gang-rape committed in Italy, Brazil's Supreme Court has ruled.
Italy issued an international arrest warrant for Robinho, but the former Premier League star has dodged jail for seven years while living in Sao Paulo.
Convicted in 2017, he will now serve his sentence in Brazil at the request of Italian authorities in an unprecedented move.
The former Santos star says he is innocent.
But today Brazil's Superior Court of Justice (STJ) has taken a fresh look at Italy's request.
Nine of the 15 ministers voted in favour of the player serving his sentence in his home country - forming a simple majority and sealing the footballer's fate.
They did not judge whether the player is guilty or innocent, but whether he should serve the sentence in Brazil or not.
Robinho is now set to be incarcerated immediately, Globo reports.
Robinho was one of a group of six men convicted of sexually assaulting an Albanian woman in a club on January 22, 2013 during his stint for AC Milan.
He was found guilty in November 2017 in an Italian court and has made several failed attempts over the years to appeal.
Under Italian law, his sentence will not begin until the appeal processes have been completed.
The Brazilian constitution doesn't typically allow for the extradition of its citizens who've been sentenced abroad.
Meaning that until today, the 40-year-old would have only faced actual arrest if he travelled abroad.
In November last year Italian prosecutors said they felt Robinho should serve his time in Brazil.
The rape case involving Brazilian footballer Robinho spans several years. Here's a brief timeline:
Brazil previously argued that he should serve his time in Italy, arguing that it would represent joint efforts to combat crime and judicial cooperation.
Robinho, full name Robson de Souza, currently lives in Sao Paulo and surrendered his passport to authorities in March 2023 after his prison sentence was ratified in 2022.
Carlos Nicodemos, lawyer for the Brazilian Union of Women (UBM), was the first to take the floor at the STJ this afternoon.
Speaking on behalf of UBM, he advocated that Robinho serve his sentence in Brazil.
Nicodemos mentioned the high number of rape cases in Brazil to position himself in favour of serving the sentence in the country and cited the Spanish court's decision to allow Daniel Alves, who was convicted of rape in Spain, to be released after paying a bail of €1m (£853,000).
“We are not talking about something new, we are talking about something that applies in Brazilian jurisdiction," he said.
"From the place I occupy, as a lawyer for the friend of the court, it is necessary to understand that the procedure for ratifying a foreign decision is the recognition of premises of the civilising state.
"I conclude by considering the need to understand that all individual guarantees have been given and that these are women’s human rights, in a context that normalises and trivialises rape and violence against them.
"There is a need for the State to provide answers, and I know we will find that answer here”.
José Eduardo Rangel De Alckmin, Robinho's lawyer, opened his argument by citing the Constitution and arguing that Robinho should be tried in Brazil.
“It is in Brazil that the process must take place”, stated Alckmin.
“I insist that this does not represent, in any way, impunity. He will have the right to be sued in Brazil and respond here for the acts attributed to him. It is a right of every Brazilian citizen.”
Alckmin recalled the ban on extradition of Brazilian citizens as an argument that prevents the execution of a foreign sentence in the country.
"It is expressed in the treaty, it excludes the possibility of executing sentences”, he said. “It’s an irrefutable argument.”
The athlete's defence also said that the exact understanding of the process in Italy “was a little truncated”.
“The idea that the accused group induced the victim to drink to take advantage of her. But in sentencing another fact is mentioned, embarrassment, when the person is unable to react.
"The fact changes. I’m not going to say that there was a loss due to the entire process not being present, but there is this information recorded in the sentence,” he said.
These are women’s human rights, in a context that normalises and trivialises rape and violence against them.
Carlos Nicodemos
The Federal Public Ministry (MPF), represented by Hindemburgo Chateaubriand Pereira Diniz Filho, was the last party to speak.
The MPF, which had already presented an opinion defending the approval of the sentence, reinforced its position by saying that all legal requirements were met for Robinho's criminal execution to be transferred to Brazil and rejected the arguments of Robinho's defence.
“There is no evidence whatsoever that the sentence handed down by the Italian court disrespected the rights of the convicted person or that due legal process was not respected”, he said.
“I remember that, in this context, the rules of the foreign country do not have to be the same as those of the country in which the decision is carried out. It is an elementary rule of international cooperation.”
Robinho, who has claimed he is innocent, accused the Italian justice system of "racism" and said the encounter in 2013 was "consensual".
He told a Brazilian network TV Record on Sunday: "I hope that here in Brazil I can have the voice that I didn't have there."
"I never denied it (the encounter). I could have denied it because my DNA was not there, but I'm not a liar.
"I played for four years in Italy and I got tired of seeing stories about racism. The same people who do nothing about racism, which I repudiate, are the ones who condemned me."
A Brazilian news outlet previously published audio recordings obtained by Italian authorities which included Robinho discussing the case with friends.
In one clip he says: "We will punch her in her face. You will punch her in the face and say; 'What did I do to you?'"
And in another: "That is why I am laughing, I don't care at all.
"The girl was extremely drunk, she doesn't even know who I am."
A further leaked conversation shows him saying: "If this comes out in the press, it will screw me."
I hope that here in Brazil I can have the voice that I didn't have there [in Italy]
Robinho
Robinho played for clubs including Real Madrid, Manchester City and AC Milan, and signed a contract in 2020 to return to his first club in Brazil, Santos.
However, the deal almost immediately fell apart after sponsors reportedly threatened to cut ties with the club for signing a player convicted of rape.
Speaking after the Santos announcement, the striker took to Instagram to admit: “Guys, this is Robinho.
“Of course, with a lot of sadness in my heart, I’m here to tell you that I made the decision with the club president to suspend my contract at this troubled time in my life.
“My goal has always been to help Santos Football Club and if in any way I'm getting in the way, it’s best I leave and focus on my personal things.”
