Cuca can be arrested? Lawyer explains!

Since being hired by Corinthiansthe coach Cuca he observed several protesters from the crowd around his name. That’s because the professional was convicted of rape in 1987. With the great anger of the fans, the commander lasted only two games in office and asked to leave. For him, the criticism came as a kind of avalanche.

With the sports part defined now that he left Timão, Cuca is still trying to prove his innocence. Despite the time in which the trial was held, the coach hired two lawyers to carry out the defense in the Court of Switzerland, where the case was originally heard. But the question that many people ask is the following: Can Cuca be arrested?

To analyze the case and explain the next steps, the sportbuzz spoke exclusively with the lawyer Mayra Cardozo, who specializes in Human and Criminal Rights, is also a Feminism and Inclusion mentor and empowerment leader. Below you can see some points raised by her about the episode involving coach Cuca!

P:Since last week, coach Cuca has been the subject of several debates surrounding his conviction in Switzerland. Recently, he claimed not to have been aware of the trial. Is it possible to know how the whole process of the case took place, since access to documents is scarce so far?

A: He gave testimony to the Swiss police and returned to Brazil, the conviction only happened when the coach was in Brazil, as well as the case of Robinho. And our law provides that Brazilians must not be extradited. However, through the Ministry of Justice it is possible to initiate a trial in Brazil, as there is also the crime of rape here..

Q: With the conviction without serving the sentence, does Cuca run the risk of having to pay the court penalty? How does the application of the sentence work after so many years of the case (1987)?

A: In theory, he runs that risk, the problem is that the rape of a vulnerable person is punishable by 20 years and 36 years have passed. Cuca should have started and served this sentence in Brazil, but because the prescribed time has passed, this is no longer possible..

Q: Many defenders of Cuca allege that the conviction ‘lapsed’ because it happened in 1987. What does this mean for Justice, and can the case be framed in this debate or is it unrelated?

A: It is a colloquial term, but it makes some sense, it is possible for Brazilians to serve sentences for crimes committed abroad, as long as they are typified in the Brazilian penal code, a whole procedure is established to verify whether the conviction abroad was valid.

Q: How can we evaluate and relate the recent cases of Robinho and Daniel Alves with that of Cuca. Aside from the time between crimes, what else has changed in the laws so that accusations of crimes against women are really scrutinized?

A: The cases are extremely similar and show that we still need to talk about sexual violence in football and draw attention to these issues. I found the movement of Corinthians fans against hiring the coach to be very relevant. But it also draws attention to the credibility of Brazilian justice, which should also punish cases that occurred in other nations..

Q: With the repercussions surrounding the case, could Cuca’s future change in any way? What are the next steps?

A: In legal terms, Cuca will have no implications, but in football, I realize that we are seeing more and more progress towards mitigating and punishing these practices, so damage can happen to his career, but not legally.

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