In a hearing scheduled for this Wednesday, August 6, 2025, the Superior Court of Justice (STJ) will review the appeal filed by Robson de Souza, known as Robinho, seeking to reduce his nine-year prison sentence for a gang rape committed in 2013 in Italy. Incarcerated since March 2024 at Tremembé Penitentiary in São Paulo, the former Brazilian national team and Santos player aims to lower the sentence to six years, with the possibility of progressing to a semi-open regime. The decision, handled by the STJ’s Special Court, composed of the 15 most senior justices, could alter the future of the athlete convicted in all instances in Italy. The defense argues that Brazilian law should guide the sentencing, sparking debates about harmonizing Italian and Brazilian legislation.
The case, which gained international attention, involves a crime at a Milan nightclub when Robinho played for AC Milan. The victim, a 22-year-old Albanian woman, was unconscious due to excessive alcohol consumption. Since his conviction, the former player denies involvement, claiming the encounter was consensual. The STJ’s review does not address the crime’s merits but evaluates the sentence’s application in Brazil.
- Key points of the appeal:
- Reduction of the sentence from nine to six years.
- Possibility of progressing to a semi-open regime.
- Claim of incompatibility between Italian and Brazilian laws.
Today’s hearing is a milestone in Robinho’s legal journey, which has seen habeas corpus requests denied by the Supreme Federal Court (STF) and faces opposition from the Federal Public Prosecutor’s Office (MPF) against reducing the sentence.
Defense arguments at the heart of the hearing
Robinho’s defense, led by attorney José Eduardo Alckmin, argues that the penalty imposed by Italian courts does not align with Brazilian constitutional principles. According to the lawyers, gang rape in Italy is treated as a common crime without specific aggravating factors to justify a sentence above Brazil’s minimum of six years. The argument emphasizes that Brazil’s Heinous Crimes Law cannot be directly applied, as the Italian sentence does not classify gang rape as a heinous crime.
This defense strategy has been presented in prior appeals, but the STJ removed the hearing from its agenda twice this year, in March and May, drawing criticism from civil society and organizations following the case. The defense’s persistence in challenging the sentence’s calculation reflects an effort to secure a less restrictive regime for the former player, who has been in a closed regime since his arrest.
- Core defense arguments:
- Italian law does not aggravate gang rape penalties.
- The sentence should align with Brazil’s minimum penalty.
- A semi-open regime would be consistent with an adjusted sentence.
Today’s hearing could set a significant precedent for similar cases, particularly regarding the enforcement of foreign sentences in Brazil.
Case timeline and Robinho’s imprisonment
The crime occurred in January 2013 at a Milan nightclub, involving Robinho and five other men, with only he and Ricardo Falco convicted, both receiving nine-year sentences. The victim, heavily intoxicated, was deemed unable to consent, per Italian courts. The final ruling came in 2022 after all appeals in Italy were exhausted. As Brazil does not extradite its citizens, Italy requested the sentence’s enforcement in Brazil.
In March 2024, the STJ’s Special Court, by a 9-2 vote, upheld the Italian sentence, ordering Robinho’s immediate arrest. He was detained in Santos, São Paulo’s coastal region, and transferred to Tremembé Penitentiary 2, known for housing high-profile inmates like Alexandre Nardoni and Cristian Cravinhos. During his initial adaptation, Robinho was isolated for ten days before moving to a shared cell.
The defense sought to reverse the imprisonment with habeas corpus petitions at the STF, but these were denied, with only Justices Gilmar Mendes and Dias Toffoli voting in favor. Attorney Alckmin also challenged the constitutionality of the Migration Law, which allows foreign sentences to be served in Brazil, but these efforts have been unsuccessful so far.
Robinho’s prison routine and behavior
At Tremembé Penitentiary, Robinho follows the standard prison routine. After an initial observation period in a solitary cell, he now shares a 2×4-meter space with another inmate. Declaring himself an evangelical, he received a Bible from his wife and has focused on reading. According to the prison administration, he maintains good behavior and has no conflicts with other inmates.
Recently, Robinho completed a 600-hour vocational course in Basic Electronics, Radio, and TV through distance learning. The defense attempted to use the course to request a 50-day sentence reduction under the Penal Execution Law, which allows one day off per 12 hours of study. However, the São Paulo Court of Justice denied the request without detailing the reasons.
- Robinho’s prison activities:
- 600-hour vocational course.
- Bible reading, a gift from his wife.
- Good rapport with fellow inmates.
- Participation in yard time after adaptation.
Robinho’s routine reflects efforts to adapt to prison life while his defense seeks ways to reduce his sentence or secure his release.
Social context and public reaction
Robinho’s case has sparked widespread public debate, particularly about sexual violence and impunity in cases involving public figures. Organizations like the Brazilian Women’s Union, which sought to act as amicus curiae, emphasized the case’s social significance, highlighting the need to address abuse culture in sports. The STJ’s earlier refusal to seize Robinho’s passport before his arrest drew criticism from women’s rights advocates.
Ricardo Falco’s conviction for the same crime underscores the case’s severity. Falco, also serving a nine-year sentence, admitted to lying in initial statements and promised to reveal “the whole truth,” but this did not alter the case’s outcome. By upholding the sentences, Brazilian courts reinforced compliance with international legal cooperation treaties, despite constitutional limits on extraditing Brazilian citizens.
- Key social aspects:
- Discussion on sexual violence in sports.
- Criticism of perceived impunity for public figures.
- Importance of international legal cooperation.
- Mobilization by women’s rights organizations.
What to expect from the STJ hearing
This Wednesday’s hearing is a pivotal moment for Robinho. The STJ’s Special Court, composed of senior justices, will assess whether the defense’s arguments about the Italian sentence’s incompatibility with Brazilian law hold. The MPF has opposed recalculating the sentence, arguing that the Italian ruling complies with international treaties and Brazil’s Constitution.
If the appeal succeeds, Robinho’s sentence could drop to six years, potentially allowing progression to a semi-open regime for temporary releases or external work. If the STJ upholds the nine-year sentence, the defense has indicated plans to appeal to the STF again, challenging the imprisonment’s legality and the Migration Law’s application.
The case’s outcome could shape public perception of Brazil’s justice system in handling foreign crimes. With significant media and social attention, the hearing is a critical event with broader implications.
- Possible hearing outcomes:
- Sentence reduction to six years with semi-open regime.
- Upholding of the nine-year sentence in a closed regime.
- New appeal to the STF if the decision is unfavorable.
The STJ hearing is closely watched by fans, journalists, and activists awaiting a clear stance on enforcing foreign sentences in Brazil.
