Brazilian judges have recently made a ruling to uphold the rape conviction of former AC Milan and Brazil striker, Robinho. The decision also states that he is required to serve his nine-year prison sentence within Brazil.
The trial took place at Brazil’s Superior Court of Justice (STJ), which serves as the country’s highest court for non-constitutional matters. The majority of the court determined that Italy’s previous decision regarding Robinho’s case is applicable and valid within the Brazilian jurisdiction.
In 2017, a Milan court found Robinho, along with five other Brazilians, guilty of gang-raping a woman in 2013 after providing her with alcohol at a discotheque. The conviction was subsequently upheld by an appeals court in 2020 and confirmed by Italy’s Supreme Court in 2022. Despite the charges, Robinho, who had previously played for Real Madrid and Manchester City, has consistently denied any wrongdoing.
Due to Brazil’s general policy of not extraditing its citizens, Italy requested last year that Robinho serve his prison sentence in his home country. Robinho’s lawyer, Jose Eduardo Alckmin, stated during the court hearing on Wednesday that his client is seeking a retrial in Brazil on the grounds of national sovereignty.
“Robinho is available for our judiciary. If an officer gets there, he will comply. He will not oppose,” the lawyer said. The first judge to vote, Francisco Falcao, said Robinho should serve his sentence in Brazil. He added that the former player cannot go unpunished and that diplomatic friction between Brazil and Italy could emerge if the sentence was not served.
“There’s no obstacle to validate the execution of his sentence. It was confirmed by a court in Milan, which is the competent authority in this case,” Falcao said. “The conviction is final. The defendant was not put on trial in absence in Italy, he had representation.”
Judge Raul Araujo, one of the two dissenting judges, expressed the opinion that Robinho should not be imprisoned in Brazil for a conviction obtained in Italy. Judge Araujo argued against the majority’s decision, emphasizing that there were legal limitations to enforcing a foreign conviction within the Brazilian legal system.
Judge Isabel Gallotti, one of the few women in the court, held a different perspective and disagreed with Judge Araujo. She expressed her support for the enforcement of the foreign sentence, describing it as lengthy, well-founded, and well-reasoned. Judge Gallotti’s stance reflected a belief in the validity and strength of the conviction from Italy.
‘We will punch her in the face’
Robinho currently resides in Santos, a city outside Sao Paulo. In March 2023, he surrendered his passport to Brazilian authorities. Despite the conviction, Robinho maintains his innocence and asserts that his sexual encounter with the woman at a bar in Milan was consensual.
The court’s ruling further stipulated that the responsibility for determining the timing and manner of Robinho’s imprisonment would fall under the jurisdiction of authorities in Santos.
Moreover, in an interview aired on Sunday by TV Record, the former footballer attributed his conviction in Italy to racism, implying that discriminatory factors played a role in the legal proceedings against him.
“I played only four years in Italy and I got tired of seeing stories of racism. Unfortunately, that exists to this day. [The rape case] was in 2013, now we are in 2024. The same people who don’t do anything against it [racism] are the ones who sentenced me,” Robinho said.
During the court session, federal prosecutor Hindemburgo Chateaubriand brought attention to certain audio recordings obtained by Italian authorities. These recordings featured conversations in which Robinho discussed the case with his friends. The prosecutor highlighted the significance of these recordings, indicating their relevance to the proceedings.
“I can’t even say all he said because it would be too vulgar for this court,” Chateaubriand said.
Brazilian media released some of the audio recordings obtained by Italian authorities last year, which featured conversations where Robinho discussed the case with his friends.
“We will punch her in her face. You will punch her in the face and say; ‘What did I do to you?’” Robinho tells a friend in one of the excerpts, during which he claims he did not take part in the rape.
In another dialogue, Robinho says: “That is why I am laughing, I don’t care at all.”
Robinho gained national recognition in 2002 when, at the age of 18, he played a pivotal role in leading Santos to their first national title since the legendary Pele’s era. He replicated this success two years later, establishing himself as a prolific scorer by netting 21 goals in 36 matches in the Brazilian league.