Perspectivas da cooperação internacional na transferência da execução da pena em caso de crime praticado por brasileiro nato no exterior: uma análise da aplicação da Lei de migração no caso Robinho

Abstract

Notably under the influence of the general scenario of intensif1cation and facilitation of informational and migratory flows, as well as by the ideals expressed in the main international instruments in force and in the 1988 constitutional text itself, committed to the promotion of human rights and the fight against international impunity, a specific discipline for international legal cooperation in criminal matters was inserted into the national legal system, embodied in the text of the 2017 Migration Law. Although the advances provided by the introduction of the aforementioned legal diploma into the national legal system cannot be ignored, it cannot be denied that persists in the treatment given to the matter based on well-founded doubts about the nature of its norms and the extent of the scope of its predictions. Given this, the recent conviction of former football player Robson de Sousa, popularly known as Robinho, accompanied by the respective request for approval of a foreign sentence to transfer the execution of the sentence imposed by the Italian Court, brought to the fore important discussions about the applicability of provisions of the Migration Law to crimes committed by native Brazilians abroad, and, more specifically, the possibility of retroactive application of its provisions to facts that occurred before its promulgation in 2017. Thus, the present study focuses on the topic of legal cooperation in international law regarding the transfer of the execution of the sentence to verify the possibility of applying arts. 100 to 102 of the Migration Law in the case of the football player, without any prejudice to the constitutional guarantee of non extractability of native Brazilians or even to the principle of retroactivity of the most beneficial criminal law.