Dani Alves serves 4 years and 6 months for sexual assault in Barcelona

Daniel Alves was sentenced to four years and six months in prison this Thursday for sexual assault against a 23-year-old woman in Barcelona, in 2022. The sentence was handed down by judge Isabel Delgado Pérez after a three-day trial in Tribunal of Barcelona. The player, who has been in prison for 13 months, denies the accusations and is already serving his sentence in pre-trial detention.

Redução of the penalty for compensation to the victim

The indictment originally requested 12 years in prison, while Ministério Público requested nine years. The final sentence of four years and six months was significantly less than expected. The reduction occurred because Daniel Alves’s defense paid compensation of 150 thousand euros, approximately R$800 thousand, to the victim of the crime at the beginning of the process. The amount was passed on by the player’s family, with the intermediation of Neymar’s father, to fulfill civil obligations towards the Spanish Justiça.

Ministério Público also requested ten years of supervised release after serving his sentence in prison and prohibition of contact or proximity to the victim for the same period after release.

Abatimento of pre-trial detention time

The 13 months that Daniel Alves has already served in pre-trial detention are deducted from the total sentence of four years and six months. Esse mechanism works in a similar way to Brazilian legislation, where the period of precautionary imprisonment is deducted from the final conviction. “Upon conviction, the period of preventive detention must be reduced from the custodial sentence. Isso occurs because preventive detention is a precautionary measure and not a form of punishment in itself”, explains lawyer Ceres Rabelo, specialist in Direito Processual Penal.

With this discount, the remaining time of incarceration is significantly reduced. The exact calculation will depend on how the Spanish Justiça counts the months already completed.

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Progressão regime and temporary outputs

• Progressão for semi-open or open regime is possible with good behavior during seclusion.
• Para sentences exceeding five years, progression is authorized after serving half of the sentence.
• Na Espanha, temporary departures on holidays do not exist, unlike Brasil.
• Extraordinary Liberações only occurs in cases of death or serious illness of close family members, with a maximum of seven days and supervision.

The regime transition at Espanha follows a progressive model similar to the Brazilian one. Daniel Alves will be able to access less rigorous regimes as he completes his sentence without further punishment. “The sentence serving plan is progressive. With the sentence served without punishment, the convict is entitled to progression to milder regimes”, details Rafael Paiva, a criminal lawyer specializing in domestic violence.

Fundamentos’s conviction and player behavior

The court considered it proven that the victim did not consent to the act and that there were elements beyond the woman’s testimony to confirm the assault. The sentence describes that Daniel Alves “abruptly captured the complainant, took her off the ground and prevented her from moving” during the crime. The lack of consent was emphasized as a central element of the decision.

Durante the period of detention, Daniel Alves changed his version of the facts several times, changed his legal defense and had three requests for provisional release denied. Justiça cited flight risk as justification for the denials. Recentemente, it was revealed that a cellmate accused him of planning an escape for Brasil. Seu “depressed and discouraged” emotional state led the prison unit to activate the anti-suicide protocol.