The statement from the courtroom captured a moment of defiant resolve as the Brazilian football icon spoke in Barcelona. He declared that he would not flee, affirming faith in justice as the ongoing vistilla unfolded on Tuesday at the Barcelona Court. Here, his lawyer, Inés Guardiola, pressed for release with cautious measures, proposing a 50,000 euro bail, the withdrawal of both Spanish and Brazilian passports, and periodic appearances at the courts. The prosecution led by Elisabet Jiménez and the private accusation on behalf of the victim, represented by Ester García, urged that the former Barcelona midfielder remain behind bars, given that his four years and six months sentence for the assault at the Sutton nightclub remains unsettled and not yet final. The decision squarely rests with the Court of the 21st Section at the Barcelona Audiencia, which is set to determine soon whether Alves should be excarcerated or kept in custody.
Guardiola argued during the vistilla that the final judgment has not achieved full legal effect because both sides have lodged appeals with the Tribunal Superior de Justicia de Catalunya. She contended that the player is innocent until a definitive ruling is issued, a process that could span months or even years. In the appeal, Alves’s attorney reiterated a claim of acquittal, maintaining that the incident at the club lavatory did not involve rape but rather consensual sexual activity, a point she described as the critical factual question at the heart of the case.
The Arguments
In addition, the counsel asserted that the four and a half year sentence is far below what the prosecution sought, with the public prosecutor asking for nine years and the private accusation seeking twelve. The defense noted that Alves was placed in detention on January 20, 2023, and that he had completed a quarter of the sentence by March 5. If the sentence were confirmed and was already final, she explained, Alves could potentially receive prison privileges and could, having paid the 150,000 euro compensation to the victim, access permissions earlier. The defense also highlighted that the footballer traveled to Spain in January 2023 aware of his imminent detention, thereby arguing against any flight risk.