Disclosure Robinho was sentenced in Italy to nine years in prison for the crime of rape . The electronic magazine Consultor Jurídica raised similar cases. Homologation is only common in cases where the request for transfer of sentence is made by Portugal, with whom Brazil has a promise of reciprocity . There is not the same mechanism involving Brazil and Italy. What is in force is a bilateral extradition treaty , but Robinho cann USA Phone Number ot be extradited because he is a native Brazilian. There is also the Bilateral Treaty on Judicial Cooperation in Criminal Matters (MLAT), which provides that cooperation between countries "will not include the execution of measures restricting personal freedom, nor the execution of convictions". As a result, the transfer of serving a sentence is outside the agreement, but it is not explicitly prohibited. A recent article published in ConJur , authored by Gustavo Henrique Badaró and Paula Ritzmann Torres, addresses this topic.
The discussion about the bilateral agreement could be the key to the case, since nothing involving the topic is simple, and part of Brazilian legislation is dubious in relation to the transfer of sentences. One of the points of friction concerns article 9 of the Penal Code , according to which the approval of a foreign sentence is restricted to cases in which there is a need for civil reparation for the damage caused or compliance with security measures, such as hospitalization in a custodial hospital. or for psychiatric and outpatient treatment. Furthermore, article 100 of the Migration Law (Law 13,445/2017) establishes in its caput that the transfer of execution of a sentence is possible in cases where a "request for enforceable extradition" is applicable, an expedient that cannot affect native Brazilians, but only migrants, visitors or naturalized citizens. The first section of the article says that approval is up to nationals, which includes native Brazilians.