An Italian court sentenced Robinho to nine years in prison for gang rape, but Robinho is in Brazil, which does not extradite native Brazilians. Therefore, unless he travels to Italy or one of the countries that have an extradition agreement with Italy, the player will not serve his sentence in the country where the crime, according to the Italian Justice, was committed in 2013.
The next step of the case is the publication of the sentence, 30 days after the trial on Wednesday (19). Then, because the athlete is not in Italy – just like his friend Ricardo Falco, also convicted –, the Italian judicial system will formalize a request to the Brazilian for him to serve his sentence in Brazil.
This possibility is presented in the Migration Law (13.445/17) of Brazil, which provides for the transfer of the sentence in cases where extradition is not possible. However, the attacker's lawyers and the experts interviewed by the report see the possibility of this transfer being carried out as unlikely.
According to what is established in the legislation, the request would be received by the Superior Court of Justice, which would analyze compliance with the requirements. Some of these requirements are clearly met, such as regular service of court cases, legal proceedings and similarity in laws – that is, what is a crime in another country is also a crime in Brazil. But the transfer of the sentence may come up against an excerpt from the agreement on judicial cooperation between Brazil and Italy, signed in 1989 and modified in 1993. The agreement between the countries explicitly establishes that "the cooperation will not include the execution of measures that restrict personal freedom nor the execution of sentences."
Translated by Kiratiana Freelon