Daniel Alves, who was sentenced to four and a half years in prison last month, will be released upon payment of a bail of 1 million euros.
He has been in preventive detention since January 2023.
He was found guilty of raping a woman in a nightclub in Barcelona in December 2022.
The victim’s lawyer described the decision as “a scandal.”
The conditions for his release include surrendering his Brazilian and Spanish passports so that he cannot leave Spain. He must also appear in court weekly.
The court also imposed a restraining order, preventing him from approaching the victim.
The decision was made a day after Alves’ lawyer requested his release, arguing that he had already served a quarter of his sentence in preventive detention following his arrest.
The decision, which was not unanimous due to a dissenting vote from one of the judges, is still subject to appeal.
The victim’s lawyer, Ester Garcia, said: “To me, it is a scandal that they let a person they know can obtain a million euros in a short time go free.”
Garcia told RAC1 radio that she was “outraged and dissatisfied” with the decision, adding that it was “a (justice) system for the rich.”
Alves’ lawyers have not yet commented.
During last month’s trial, prosecutors said that Alves and his friend bought champagne for three young women before Alves lured one of them to the bathroom in the VIP area of the club.
They argued that it was at that moment that he became violent, forcing the woman to have sex despite her repeated requests to leave.
Alves claimed that she could have left “if she wanted to.” However, the court concluded that she did not consent.
The Spanish law was recently amended to enshrine the importance of consent under the so-called “Only Yes Means Yes” principle.
In a statement, the court said there was other evidence beyond the victim’s testimony that proved she had been raped. It also stated that Alves “abruptly grabbed the complainant” and threw her to the ground. He then raped her while preventing her from moving.
The woman said that the rape caused her “anguish and terror,” and one of her friends who was with her that night described how the 23-year-old cried “uncontrollably” after leaving the bathroom.
Alves changed his testimony several times.
He first denied knowing his accuser and later claimed he met her in the bathroom, but that nothing happened between them.
He then changed his version of events again, saying they had consensual sex. “We were both having fun,” he claimed.
Alves played over 400 times for Barcelona, winning six league titles and three Champions Leagues in two stints with the club. He was also part of the Brazilian national team that competed in the 2022 World Cup.
He won trophies playing for Sevilla, Juventus, and PSG and is among the most capped players for Brazil, with 126 matches.
Source: BBC