Robinho’s lawyer disputes STF’s classification of rape as a heinous crime

Robinho has been in prison since March last year after the Superior Court of Justice (STJ) ruled that the nine-year prison sentence he was sentenced in Italy should be served in Brazil. Lawyers for former players have already filed two habeas corpus petitions with the STF, but the majority of ministers rejected them.

Last week, a new request for habeas corpus was filed, this time presenting a different argument. The defense argues that STJ considers the crime of rape to be heinous and that such an act would not have occurred if an Italian court had convicted her. Lawyers argue that it is not the STJ’s responsibility to change aspects of foreign judgments.

Defining crime as heinous has implications for regime development, among other things. Robinho is on a closed regime, and the defense has argued the change in understanding would allow for a transition to a semi-open regime, where inmates are allowed to leave the prison during the day.

“If the patient has been serving a sentence for more than one year and seven months, and it is considered that the patient would be entitled to progress through the prison regime once the classification of the heinous crime is lifted, an injunction should be granted to enable the criminal enforcement judge, where applicable, to take the necessary steps to allow said prison regime to progress,” they said.

The rapporteur will be Minister Louis Fax, who voted to deny Robinho’s other two habeas corpus cases. This minister’s position was followed by the majority of STF ministers.