The lawyers of Robinho questioned in the Federal Supreme Court (STF) this Tuesday, 2, the minister’s decision Luiz Fux which allowed the immediate arrest of the former player. Once again, they are based on the decision of the STF itself which allowed Lula to leave prison in 2019.
The STF records that “an appeal was filed against the decision of the minister responsible for the case for examination by one of the Panels (group of 5 ministers) or the Plenary (11 ministers gathered), which will decide whether to maintain or modify the previous decision”. The appeal was forwarded to Fux, responsible for the case.
The Superior Court of Justice (STJ) approved Robinho’s conviction in February for gang rape in Italy and ordered him to begin serving his sentence immediately. The former player’s defense questioned the decision in the STF, claiming that the client could only be arrested after being denied the last possible sentence, by the Supreme Court itself.
The STF decided in 2019 that a convicted person can only be arrested after their case has become final. Three years earlier, in 2016, the same court had decided that it was possible to begin serving a sentence after conviction in the second instance.
Lula
Lula went to jail two years later, in 2018, after being convicted by the Federal Regional Court of the 4th Region (TRF-4) in the case of Operation Lava Jato. The PT member left jail the day after the STF changed its jurisprudence on the matter.
“By the same principle of the presumption of innocence, the execution of the sentence established in a foreign sentence cannot be determined if its execution in Brazil has not been definitively established”argues Robinho’s defense, as recorded by the G1 portal.
The lawyers follow: “In order to respect due legal process with the execution of the sentence imposed by a foreign country, it is necessary to ensure full defense and due legal process with the final and unappealable decision to ratify the foreign sentence.”
The hopes
As we already remember, Fux, who denied the habeas corpus request from Robinho’s defense, tried to prevent the STF from reversing the jurisprudence on the matter in 2019. Of the ministers remaining at court today, Gilmar Mendes It is Toffoli Days voted in 2019 to change the timing of the arrest. Today, they are the former player’s greatest hope within the STF.
The former player’s defense also presented a second request for habeas corpus to the STF this Tuesday, this time questioning the STJ’s decision to approve his conviction in Italy.
“The rule does not authorize the transfer of the execution of the sentence, only dealing with the possibility of the national being tried in his country of origin, in honor of the principle of extraterritoriality of criminal law”argue the lawyers.
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