Brazil's high court ruled Wednesday that former football star Robinho must serve his nine-year prison sentence in Brazil for his 2017 rape conviction in Italy.
The 40-year-old's lawyers said they would file a request for habeas corpus at Brazil’s Supreme Court to keep him free during the appeals process.
Judges at Brazil’s Superior Court of Justice in Brasilia voted 9-2 to uphold the conviction of the former Real Madrid, Manchester City, and AC Milan striker.
Robinho was sentenced in Italy to nine years in prison for his involvement in a group sexual assault in 2013 while playing for AC Milan.
Due to Brazil's policy of not extraditing its nationals, Italy sought his imprisonment in his home country.
"Brazil cannot be a shelter for criminals," Judge Mauro Campbell Marques said during his vote.
Judges wrapped up their voting in less than a day, surprising many legal analysts who expected the decision to take days or weeks.
The decision coincided with a Spanish court's ruling that Brazilian football star Dani Alves could leave prison pending his appeal of a rape conviction in Barcelona, provided he pays a bail of 1 million euros ($1.1 million) and surrenders his passports.
Robinho’s lawyer, Jose Eduardo Alckmin, told the court at the start of Wednesday’s hearing that his client wants a retrial in Brazil on the grounds of national sovereignty.
Alckmin added that without habeas corpus, Robinho could be jailed "in a matter of days, it could even be hours."
"The defendant cannot go unpunished," Judge Francisco Falcao said. "The conviction is final. The defendant was not tried in absentia in Italy, he had representation."
Judge Raul Araujo argued Robinho should serve his sentence in Brazil to avoid diplomatic friction between Brazil and Italy.
Judge Isabel Gallotti disagreed with Araujo, stating, "This foreign sentence is long, well-founded and well-reasoned."
Robinho, who lives in Santos, outside Sao Paulo, gave up his passport to Brazilian authorities in March 2023. He continues to deny any wrongdoing, insisting his sexual relations with the woman at a Milan bar were consensual.
The court ruled that authorities in Santos would decide when and how to jail Robinho.
Lawyer Jacopo Gnocchi, who represented the victim, said he and his client were satisfied with the court's ruling.
"We respected and understood that the Brazilian Constitution does not allow the extradition of its own citizens, but that does not change the fact that when the sentence is final, it is fair that the sentence is applied," Gnocchi told Brazilian news website UOL.
In an interview with TV Record aired on Sunday, Robinho blamed racism for his conviction in Italy.
"I played only four years in Italy and I got tired of seeing stories of racism. Unfortunately, that exists to this day," Robinho said.
Federal prosecutor Hindemburgo Chateaubriand reminded the judges of audio recordings in which Robinho discussed the case with friends.
"We will punch her in her face. You will punch her in the face and say, ‘What did I do to you?’" Robinho tells a friend in one excerpt.
In another dialogue, Robinho says, "That is why I am laughing, I don’t care at all."
Robinho rose to national fame in 2002 as an 18-year-old, leading Santos to its first national title since the Pele era.
He won the Confederations Cup with Brazil in 2005 and joined Real Madrid, Manchester City, and AC Milan before returning to Santos in 2010. He also had stints in China and Türkiye.