Former Bayern Munich defender Breno is to remain in prison after the German Federal Court confirmed his sentence and turned down an application for it to be revised.
Breno, 23, set fire to his Munich home in October 2011 while under the influence of alcohol. He was sentenced to three years and nine months in prison.
On Monday, German news magazine Stern reported that the court had rejected his application for revision.
The magazine's online version quoted Breno's lawyer as saying the defender had not only been under the influence of alcohol but had also been taking medication that could have caused the balance of his mind to be disturbed.
The lawyer said the court had not considered Breno's possible mental incapacity at the time he set fire to his house enough.
However, only a formal error of law could have meant a revision of the sentence - and the court did not accept that a formal error had been made, Stern said.
The development leaves Breno's future uncertain. He had signed a deal with his former club Sao Paulo until 2015, with the contract valid upon his release from prison.
A statement on the Sao Paulo website said the club wanted to give the player "security, stability and, most of all, a perspective".