The 23-year-old had his application for a revised sentence denied after a court ruled his situation did not constitute a formal error of law
The 23-year-old was sentened to three years and nine months in a German prison after setting fire to his Munich home in October 2011 while intoxicated.
On Monday, reports emanating from Germany suggested Breno's lawyer had claimed his client was under the influence of potentially dangerous medication which could have caused the events which lead to his imprisonment.
The lawyer also claimed this information was not taken into consideration by the court prior to rejecting his appeal for a revised sentence, leading him to believe it constituted a formal error which would trigger an automatic revision of the sentence.
However, the court refused the assertion that a formal error had been made and will stand by the decision not to revise the defender's sentencing.
The controversy has thrown Breno's future career into doubt - in December, the defender signed a two-and-a-half year deal with Brazil side Sao Paulo.
The club released a statement and stressed that they would give the player "security, stability and, most of all, a perspective".