STJ unanimously denies new appeal to take Robinho's rape conviction to the STF

The Special Court of the Superior Court of Justice (STJ) unanimously denied this Wednesday (28), a new appeal by former player Robinho to take to the Federal Supreme Court (STF) the decision that validated the conviction by Italy and determined the execution of the rape sentence in Brazil.

Robinho's defense appeal was filed after the monocratic decision of STJ minister Luis Felipe Salomão, who in July this year also denied taking the case to the STF.

Robinho's lawyers argue that the validation of the conviction needs to be debated by the STF because there was a violation of constitutional issues.

This is because the crime of rape in Italy is considered a common crime and in Brazil a heinous crime. The defense points out that it is necessary to recalculate the penalty in Brazil.

In April 2024, the Special Court of the STJ ordered the immediate beginning of the sentence defined by the Italian Court, for the crime that occurred in 2013. The former player was arrested the day after the decision.

The European country's Judiciary sentenced the former player to 9 years in prison, under an initially closed regime.

The STJ did not retry the accusation against the former player, that is, it did not revisit the case, evaluating facts and evidence. He simply expressed whether or not Robinho could be arrested in Brazil.

In July this year, Salomão pointed out that the arguments presented by Robinho's defense do not fit the type of appeal presented to take the case to the Supreme Court, which requires the debate of constitutional principles.

For the minister, the elements of defense involve issues that are subject to discussion in the STJ itself, as they deal with common legislation.

Former player Robinho obtained, in the last eleven months, three sentence reductions that add up to 301 days less serving his 9-year prison sentence for rape in Italy.

The reductions, granted by the Court, were the result of work activities, professional qualifications, studies and reading of literary works.

In October 2025, 49 days were redeemed for studies and 20 days for readings made by the former player, totaling 69 days removed from the sentence.

In the studies, the Court considered that Robinho completed 464 hours of high school studies. In addition, there were 11 courses taken by the former athlete in prison. All of this meant he managed to save 49 days.

The other 20 days were redeemed by reading five books during incarceration. Both decisions were approved by the Public Ministry of São Paulo (MP-SP).

On January 14 of this year, the court reduced the sentence by 160 days. At the time, Robinho's defense told g1 that the reduction was achieved through work and studies carried out in prison.

"The reduction of the sentence in Robinho's execution process was not due to an exceptional benefit, but due to the legal recognition of 160 days of redemption, achieved through study and work carried out during the execution of the sentence, under the terms of the Penal Execution Law", declared lawyer Mário Rossi Vale at the time.

This September, Robinho had his sentence reduced by another 72 days. The reduction was motivated by work activities, professional qualification, by Senai, studies in the Youth and Adult Education system (EJA) and reading of literary works such as "Tristão e Isolda", "Capitães da Areia" and "A Invenção de Hugo Cabret", for example.

On the other hand, the Court did not consider distance learning courses in the decision.

Currently, the former player is imprisoned at the Limeira Resocialization Center (SP), in the interior of São Paulo.