With the disclosure of Robinho’s dialogues, Santos can terminate his contract? – 10/16/2020

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By Gabriel Coccetrone

With judicial authorization, telephone conversations were intercepted between Robinho and friends about the rape case in which the player was convicted at first instance in Italy. As disclosed on Friday by GE.com, Robinho revealed his participation in the act that led a 23-year-old Albanian woman to accuse the athlete and friends for collective rape in Milan. According to experts, with the information, Santos could terminate the contract with the striker .

According to the lawyer specialized in labor law and collaborator of Lei em Campo, Luciane Adam is difficult to terminate for just cause “it depends on what is in the contract, but it seems complicated to terminate now because the hiring occurred with everyone aware of the process and the sentence damning “.

The lawyer and professor of labor law Domingos Zainagui points out that “If Robinho had denied the facts that are now proven before hiring, Santos can terminate, because in signing the contract the athlete was dishonest in hiding an important fact that, if the club knew before, I would not hire him (Art. 482-a, from CLT.) “

Andrei Kampff, author of this blog, lawyer and journalist, recalls that “regardless of whether or not there is a reason for termination for just cause, the club can always terminate a contract, paying the established obligations”

Among the various conversations in the process, one is from January 2014

Robinho: -The police can’t say anything, I’ll say I was with you and then I went home.

Jairo: – But you also had sex with the woman?

Robinho: – No, I tried. (FRIEND NAME 1), (FRIEND NAME 2), (FRIEND NAME 3) …

Jairo: – I saw you when I put the penis inside her mouth.

Robinho: – That doesn’t mean having sex.

Experts believe that Santos made a mistake in signing the striker. The lawyer specialized in compliance and a columnist for Law in the Field, Nilo Patussi, says that “sport has been looking for years to regain its integrity. Institutions are increasingly being charged for transference and ethics within their important social role”. He also recalls that “Santos, a club with a long tradition in football, especially in women, with their mermaids from the village as a symbol of respect for women and due to the value of women’s football, is taking enormous risks to their reputation, bringing the athlete Robinho, under current circumstances, back at the club. “

In the same vein, Fernando Monfardini, lawyer and Compliance specialist, writes, “The damage is great, because the club puts itself in a position that a serious crime of violence against women is irrelevant. Legally, we know that the process has not ended. positioning is terrible, because the accusations are serious, there is a condemnation in the first instance, the case has been widely publicized and we are at a crucial moment in the fight against violence against women.

Hiring of players and sponsors are associations of one brand with the other. When hiring Robinho, Santos gave a kind of guarantee. “

Santos has already lost a sponsorship due to the signing of the striker. THE Orthopride, a franchise chain in the field of aesthetic orthodontics, was the first partner to break with Peixe because of the repercussions of hiring striker Robinho.

In a note last week, the club took a position on hiring.

“Santos FC, in its 108 years of history, has always been characterized by being an inclusive and socially responsible institution. Reference in the fight against racism, against any type of violence, especially against women, reference in investment in women’s football and engagement in These are the pillars and values ​​that form the identity of the most famous Brazilian club in the world and cause for rare pride for all its contributions to national sport.The association is also recognized for its excellence in training athletes, a close and respectful relationship for all those in the field helped to build our history.

With regard to the process of the athlete Robson de Souza, the Club cannot enter into the merits of the accusation, as the process runs in secrecy of Justice in Italy and above all Santos FC is proud of, in its history, always respecting the fundamental guarantees of the human being, among which, the presumption of innocence and respect for due legal process.

Campo Law already explained that even with conviction in Italy, Robinho is free to work.

“He can go to Italy and anywhere else. There has never been a request for arrest and there is a presumption of innocence until the sentence is confirmed and the res judicata (when there is no longer the possibility of an appeal), which is a long way off. It does not assume anything because it did not commit any crime. If he had committed this crime, I, as a woman, would never have been defending him “, affirms, categorically, the lawyer Marisa Alija, who defends Robinho in Brazil and in cases involving sports justice

The reason for the new reunion between Santos and Robinho is financial. Peixe has a debt with the attacker and should take advantage of these five months of the contract to reduce the debt, which is around R $ 2 million, plus interest, which can raise the value substantially.

“We cannot find him guilty if the process has not become final. The debate is not that. Regardless of the status of this process, what is raised is that when a crime of this magnitude is committed against a woman, the instruments of control they are much more benevolent towards the aggressor than if he had committed a crime among men “, analyzes lawyer Mônica Sapucaia Machado, a specialist in women’s rights.

Even if he is finally convicted of the rape, it is unlikely that Robinho will be extradited to Italy. The Constitution prohibits the extradition of a born Brazilian. Item LI of art. 5 stipulates that “no Brazilian will be extradited”, to subsequently exception the situation of the naturalized. Therefore, the born Brazilian who commits a crime abroad and returns to Brazil cannot be extradited to the place where the crime was committed.

“At the same time that the Constitution protects the born Brazilian who is in Brazil, preventing his extradition, we have legal alternatives for the citizen to answer before the Brazilian Justice for the facts practiced abroad. The authority of the country that committed the crime may request the authorities international legal cooperation for criminal prosecution. Brazil has a criminal cooperation treaty with Italy. Thus, Italy may request criminal prosecution in Brazil, by completing the formalities that govern this procedure “, explains Cecília Mello, a criminal lawyer who has experience of having served for 14 years as a federal judge in the TRF-3.

However, there is a chance that Robinho will be convicted in Brazil and have to serve a sentence because of this process in Italy. In 2016, two Brazilians accused of killing a trader in Japan at the behest of the Yakuza mafia in 2001 were sentenced to more than 20 years in prison at a trial in São Paulo. On the occasion, the jury found defendants Cristiano Ito guilty, who received a 22-year sentence and a month in prison, and Marcelo Chrystian Gomes Fukuda, who was 23 years and 7 months old. Cristiano and Marcelo were arrested in 2011, after Interpol and the Brazilian Federal Police entered the investigation at the request of the Japanese police.

Article 7 of the Brazilian Penal Code provides that “the following are subject to Brazilian law, although committed abroad: I – crimes: d) genocide, when the agent is Brazilian or domiciled in Brazil; II – crimes: a) that, by treaty or convention, Brazil forced itself to repress; b) practiced by a Brazilian; § 1 – In the cases of item I, the agent is punished according to Brazilian law, even if acquitted or convicted abroad “.

According to a report by the Milan Court in Italy, where the crime took place, the player and his friend, Ricardo Falco, allegedly subjected a young Albanian woman “to repeated humiliation, as well as to heavy sexual violence, described in intercepted conversations”.

“Basically, what is needed is that the Law is complied with and what the Penal Code says in Article 7. The judiciary needs to be provoked. Whether by the Public Ministry in Brazil, or also by the Italian authorities. For this to happen, the decision Italian sentence, which is effective here, needs to be interpreted and applied by the Brazilian judiciary “, explains criminal lawyer Fernando Castelo Branco.

It is not the first case in recent football. Goalkeeper Bruno, sentenced to 22 years for the murder of Eliza Samudio, is serving his sentence in freedom and signed with Rio Branco, from Acre, where he continues his career after spending years in prison. In Argentina, Vélez Sarsfield was the first club to institute automatic termination clauses in its contracts for cases of domestic violence. The first to be targeted was striker Ricardo Centurión, who years ago beat his then girlfriend.

“What is not enough is Santos to publicize defense campaigns in the name of fighting violence against women, and to bring a player who is facing such a process. If he proves his innocence, he has all the merits to say that he is innocent. The great The north of this debate is like the structures of football, a sport that moves billions around the world, when it is time to lose in ‘your own flesh’ to defend women, that is not the case. The debate is the way clubs act when his players are accused. He has already been convicted in the first instance, so there are indications that he is in fact responsible for the acts. I do not want to convict him in any way, but I think the fact that he is in the process should be enough for Santos did not hire him at this moment. In order not to expose to society that he is more important as a player than he as a citizen who respects women “, concludes Mônica Sapucaia Machado.

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