Can Robinho be arrested in Brazil? Can travel? This is what their lawyers think

The Family Court of Rome, the last instance of Italian justice, sentenced Robinho and Ricardo Falco, a friend of the player, to nine years in prison for sexual violence committed against a woman in a Milan nightclub in 2013.

The sentence is final, it cannot be protected and its execution is immediate. With this, the Italian justice will be able to request the extradition of Robinho and Ricardo.

To answer these questions about the former forward of Santos and the Brazilian national team, ESPN reporter Joao Castelo spoke with Adriano Margraff, Fernanda Kallás and Cecília Mello.

Can Robinho be arrested in Brazil?

Cecília Mello, criminologist and collaborator of Lei em Campo

Our Penal Code speaks of the homologation of the foreign judgment exclusively for the purpose of a security measure or damage repair. In theory, a foreign sentence could not be ratified for the execution of a sentence. At the same time, the treaty between Brazil and Italy does not rule out this possibility. If this process is sent to Brazil in order to repair the damage, there are those who raise the possibility that the Public Ministry itself will present a new complaint and open a process here to reach a conviction with the exposed evidence. I have no record of a similar case. I have records of other cases where cooperation was requested and were fully prosecuted and convicted here. Including a jury case against a Brazilian who committed a crime in Japan and took refuge in Brazil. Through the treaties, Japan asked Brazil to investigate, arrest, etc. This was done here, he was sentenced here for a crime committed in Japan. In the case of Robinho, we have a conviction in Italy in which, in theory, only specific compensation for the damage would be possible, but there are those who maintain that the Public Ministry could lead to another conviction based on the same elements for the execution of this judgment. It is complex, it is unprecedented.

Fernanda Kallás, internationalist lawyer

Brazil does have an extradition treaty with Italy, dating back to 1993. But what the Robinho case is about is not necessarily an extradition case. This type of treaty of delivery of a person to serve a sentence in another country can only occur when it is not a national, and Robinho is Brazilian. So it is Robinho’s question that does not fit with the treaty that Brazil has with Italy, since he is Brazilian. Theoretically, due to this treaty of 1993, what would be thought was the sending of a police investigation so that a criminal proceeding could be initiated in Brazil against Robinho for what he committed abroad. But would it be a good strategy? Start the process all over again and risk different decisions? So many people have imagined the way to ratify this sentence here, in national territory. So instead of sending it to Italy, bring this sentence here.

Adriano Margraff, public defender

Any person who has been detained abroad, it is possible that this order will be communicated to international authorities, even more so in the case of a member of the European Union, it is entirely possible that this prison order will be served abroad. So yes, if there is one from any Brazilian person to a foreigner, this order can be executed without violating the impossibility of extradition of that Brazilian.

Can you be arrested if you leave Brazil?

Cecilia Mello

Yes. This dynamic is similar to what we have here. In other words, if there is a conviction abroad, which is what happens, we call it a Red Alert. It turns out to be wanted by Interpol, mainly with border control. As Italy has an extradition cooperation treaty with other countries, this extradition is carried out so that he can serve his sentence in Italy. For example: Italy has an agreement with all European countries. I would have to check if it has with our neighboring countries, I think so. There is usually this type of agreement because it is from a foreigner who is in another country. It seems to me that it is very restricted to the Brazilian borders.

Fernanda Kallas

This is a good question because I think that is exactly what happens. Although he is not detained in Brazil, he is in the national territory because there are numerous countries that have an extradition treaty with Italy. So if I traveled to another country, there would be no obstacle. So possibly he would be extradited because the issues don’t fall under other exceptions that this treaty has here. Therefore, the idea is that he does not leave Brazil, unless he has an accurate calculation that the country does not have a treaty with Italy. Italy has an extradition treaty with several countries. Probably the country chosen by a person like Robinho would have this treaty. The ideal thing for him is that he be calm here.

What is the next step?

Cecilia Mello

It will always be an order from Italy. Italy must place him as wanted in the world, eventually make a request to Brazil to analyze his legal possibility in this context that we mentioned, in which there are no precedents. Even with the possibility of a new conviction, there would be a big fight over it. What he really had left is restricted to the country. That for the career of an international player with a pretty big restriction, but what I think as a woman and a lawyer and what I must point out is that, although it is unfortunate and nobody has the desire that another be condemned, this mentality has to be ended. It is unfortunate that this has happened and that we are still witnessing this type of inequitable behavior between men and women.

Do you think Italy will ask for extradition?

Cecilia Mello

I believe it because it is a case of great repercussion and that it deals with a subject that today worries the whole world. Although this sanction reaches, legally, a result of non-execution in Brazil, the political repercussion that this can have between countries and between the part, let’s say, of the fulfillment of justice in soccer is very important, I believe in some movement, yes , in Italy in this sense.

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