Jurist analyzes Robinho’s situation, after process leak and contract suspension with Santos

Jurist analyzes Robinho's situation, after process leak and contract suspension with Santos

Santos and Robinho entered into an agreement on Friday night (16) to suspend the athlete’s contract, on account of the athlete’s first conviction by the Italian justice for involvement in a 2013 sexual violence case against a young woman Albanian.

Robinho was announced as reinforcement by Santos last Saturday (Photo: Ivan Storti / Santos)

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Robinho was announced as reinforcement by Santos last Saturday (Photo: Ivan Storti / Santos)

The case records will begin to be analyzed at the second instance in December and in the initial condemnation process, published in a story by “GE.Globo”, transcripts of telephone interceptions of Robinho with his friend Ricardo Falco, who was convicted in the same action, a second friend, are transcribed. who would also be involved, but is being judged on different merits, since he left Italy in the course of the investigations, and the musician Jairo Chagas, who played at the place where the alleged incident occurred seven years ago.

The document says that in a statement issued in 2014, Robinho admits to having practiced oral sexual intercourse with the victim, and in the conversation with Chagas, the musician says he saw the player put his genitals in the accuser’s mouth. According to jurist Walter Maierovitch, if it is proven that this act did not have the approval of the woman, it can already count as rape, since it is considered a libidinous situation.

– Oral sex also falls here in Brazil or there (Italy) counts as a case of rape. So what we heard in the story, in relation to Robinho’s speech, in less coarse terms, he had the oral relationship, he admits there. It is a very serious, condemnable crime and in a way that the legislation considers as a heinous crime – said the retired judge.

Still, legally, Walter says that Robinho cannot be considered condemned, even with the disclosure of information on the matter, as the process is final.

– This question of him admitting that he maintained the relationship, but consensual, but in reality, due to the wiretapping, we will have there that he himself said that the woman herself could not stop standing and that she suffered a libidinous act different from the carnal conjunction, this evidently each one may have his judgment, but in the procedural aspect so far, because he does not have a definitive condition, there is the principle that comes from the French Revolution, which is a civilizing achievement, which is the so-called principle of the presumption of innocence. Until they see a liability, a final declaration of guilt, jurists have to indicate that there is a presumption of innocence in favor of Robinho, or a presumption of non-guilt, with all the weight of this first degree conviction – said the president of the Institute Giovanni Falcone of Criminal Sciences.

From now on, the process will have two more judicial layers, which will have another collegiate at the head. Unlike in Brazil, where there is a popular jury, but the judge sentences, in Italy there is a public plenary and in front is the collegiate, composed of three magistrates. Another distinction in relation to Brazilian justice is that in Italy the last court, which is already for appeal, is the third, while in Brazil, Supreme and Superiors are part of the fourth scale of the judiciary.

– Robinho is having ample defense, it is not revel, he attended the interrogation, he was a lawyer, he received the benefit of appealing in freedom, he was not prevented, because he had a lawyer, he was not obliged to attend the instruction, because of the evidence, because he is not obliged to accuse himself. Like no other defendant, he did take part in the interrogation, he may silence but he did not use it. From this due process he appeals in freedom and that went to the Corte d’Apelo, which is also a collegiate body, and evidently the judges who participate in the First Degree court do not participate in the judgment of the Corte d’Apelo, which is hierarchically administratively superior to the Court, they are judges who will appreciate the allegations – pointed out Walter, who also added that regardless of the next steps in the process, Robinho will not run the risk of being extradited to Italy, where he responds procedurally.

– The Brazilian constitution does not allow the extradition of nationals. Born Brazilians, whatever the crime. There is no extradition of a born Brazilian, and Robinho is in Brazil – he concluded.

Defense of Robinho

Robinho’s lawyers, Marisa Alija and Luciano Santoro, issued an official note hours after the release of the article by Grupo Globo, stating that there is a misinterpretation in the translation of the transcripts, as well as only part of the facts is presented, including that accused has evidence of non-involvement in the crime that will be crucial in defining his innocence in the higher courts.

In audio leaked before the suspension of the contract, the attacker complains of “persecution” the company that published the excerpts of the process and mentions the President of the Republic, Jair Bolsonaro, in his defense, in a video posted on his social networks the player said he will prove your innocence.

See more at MSN Brasil

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