Robinho case as a legal gap in brazilian law on enforcement of foreign criminal judgements

Authors

DOI:

https://doi.org/10.24862/rcdu.v16i2.2190

Abstract

This article examines the legal gaps in Brazilian legislation concerning the enforcement of foreign judgements for Brazilian citizens convicted abroad, as highlighted by the case of Robinho, a former soccer player convicted of rape in Italy. Despite his conviction and the Brazilian Superior Court of Justice's (STJ) approval of the enforcement, the current Brazilian law does not adequately provide for the execution of such sentences, potentially leading to impunity. Using Hans Kelsen's and Norberto Bobbio's theories on legal gaps, this study points to the illegality of the sentence recognition carried out by the STJ and proposes an amendment to Article 100 of the Migration Law to address the issue. The proposal involves adding scenarios where the individual cannot be extradited for reasons other than the extinction of criminal liability to the article's main provision. This amendment would align Brazilian legislation with international standards and ensure justice for crimes committed abroad without decisions being made outside legal parameters. The analysis underscores the importance of legislative adaptation to bridge these legal gaps and uphold ethical and legal standards in international criminal cooperation.

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Author Biographies

Igor Piedade de Araujo, Universidade do Estado de Minas Gerais

Law student at the Federal University of Minas Gerais (UFMG).

Luiz Felipe Vieira de Siqueira, Universidade do Estado de Minas Gerais

 Doutorando em Inovação e Tecnologia PPGIT pela Universidade Federal de Minas Gerais - UFMG. Mestre em Direito Empresarial pela Milton Campos. Pós-graduado em Direito Constitucional PUC MINAS. LLM Direito Corporativo IBMEC.             

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Published

2025-10-28

How to Cite

de Araujo, I. P., & de Siqueira, L. F. V. (2025). Robinho case as a legal gap in brazilian law on enforcement of foreign criminal judgements. The UNIFOR Law Course Journal, 16(2), e252190. https://doi.org/10.24862/rcdu.v16i2.2190

Issue

Vol. 16 No. 2 (2025)

Section

Artigos

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