Alves, 40, won his fight to appeal his four-and-a-half year jail sentence from the comfort of his own home – which the lawyer of his victim branded “justice for the rich”.
The Barcelona court’s ruling came a day after his lawyer requested the disgraced footballer’s release on grounds he had already served a quarter of his sentence in pre-trial detention following his arrest in January 2023.
The decision, which was not unanimous due to one dissenting judge on the panel of three, can be appealed.
But the court’s ruling drew a furious response from the lawyer of the young woman, 23, who was raped by Alves at a Barcelona nightclub in December 2022.
Her lawyer Ester Garcia blasted the decision as “scandalous”.
She fumed on RAC1 radio: “I’m very surprised and totally outraged… because it’s like this is justice for the rich.”
Garcia added: “It is scandalous that they can free a person who they know can get hold of a million euros in a heartbeat.”
Sources close to Alves were saying today they were confident the bail cash the footballer has to hand over could be raised today.
But Alves has allegedly turned to his pal Neymar’s dad to front the money, LaVanguardia
According to sources close to the player, this is allegedly the same route he used to pay for the €150,000 (£128,000) compensation given to his victim.
Neymar Santos Sr reportedly made himself available to Alves after his assets were frozen under a Brazilian court order related to his ex-wife, Dinorah Santana.
The conditions for Alves’ release include relinquishing both his Brazilian and Spanish passports so he cannot flee Spain as well as an obligation to appear before the court on a weekly basis.
The court also imposed a restraining order, barring the shamed star from coming within 1km of his victim.
Public prosecutors had opposed his request, arguing he posed a high flight risk.
Alves, one of the world’s most decorated footballers who played for Barcelona and Paris Saint-Germain, was sentenced on February 22 after being convicted of raping a woman at a Barcelona nightclub in the early hours of December 31, 2022.
His lawyers swiftly appealed the conviction.
Alves said via video link in a behind-closed-doors court hearing yesterday morning: “I am not going to flee, I believe in justice.”
The star protested his innocence on February 7 after taking the stand on the last day of his three-day trial, saying the sex he had with his 23-year-old female accuser was consensual and insisting he would never hurt anyone.
The victim, who testified behind a screen to protect her identity, said Alves had violently forced her to have sex in a private bathroom of the nightclub despite begging him to let her go, causing her “anguish and terror”, prosecutors said.
Alves’ lawyers had argued the victim had been “glued” to the player while dancing at the nightclub, saying there was “sexual tension” between them.
But the court said in its 61-page decision that this did not mean “that she consented to anything that might have subsequently happened”.
It was not immediately clear where Alves could spend his first night of freedom since January 20, 2023, when he was arrested.
His properties include a mansion in Esplugues de LLobregat, a 25-minute drive west of Barcelona’s city centre.
The home was built in 2010 when he was still married to his ex-wife Dinorah Santana, before he met and married Tenerife-born model Joana Sanz.
Sanz revealed last year she had demanded a divorce after Alves admitted for the first time he had sex with the woman he was found guilty of raping.
The 31-year-old brunette later said the divorce had been put on hold and she gave evidence on Alves’ behalf at his trial which lasted from February 5 to 7.
The footballer made several attempts to get bail before his conviction, but they were turned down partly on the basis he was a flight risk.
Prosecutors feared that he may attempt to flee Spain and make it to Brazil as the country does not extradite its citizens sentenced abroad.
The jail sentence he received, considered lenient by some critics, was far less than the nine years public prosecutors demanded and the 12 years Alves’ female accuser wanted.
Part of his lawyer’s arguments at today’s hearing at Barcelona’s Audiencia Provincial Court involved downplaying the idea he was now a flight risk.
His lawyer also argued that he had already served a quarter of his sentence in pre-trial detention which should be taken into account.
The public prosecutor and his victim’s lawyer are also appealing the sentence and want him to receive a stiffer punishment.
