Learn how is the rule for gifts received by presidents

The cases of jewelry and the forgery of vaccine cards were left out of the complaint on February 18, which accused former President Jair Bolsonaro and 33 others for coup attempts. The Attorney General of the Republic, Paulo Gonet, is expected to deal with the themes on a second piece of accusation. The question of jewelry, however, remains surrounded by controversy.

The Federal Police indicted Bolsonaro and 11 others in July 2024 for considering that the PL politician received high value items from foreign authorities due to his position and used the federal government’s structure to divert them. But it is clear about what we need to do with gifts received by presidents of the Republic, including the decisions of the TCU (Federal Court of Audit), which tried to regulate the issue.

TCU creates rules in 2016

In 2016, the TCU audited the asset management of the Presidency of the Republic after a request from the National Congress. The investigation identified failures in the records and the classification of gifts received on official visits.

The audit revealed that high -value items, such as jewelry and watches, were being incorporated into the private collections of presidents without clear criteria.

The court determined that luxury assets should be integrated into public property, except strictly personal items such as clothing and perfumes.

The decision also recommended the creation of a more rigorous registration and control system to avoid undue misunderstandings and incorporations. This is the decision (PDF – 2 MB)

Decision favors Lula

Despite the 2016 rule, the TCU decided in 2024 that President Luiz Inacio Lula da Silva could keep the Cartier clock received as a gift in 2005, in his first term in the Planalto Palace.

The Court considered that, because it was offered by the manufacturer Cartier and not directly by a head of state, the item did not fit the obligation to incorporate the union’s assets.

The TCU also pointed out that the clock had not been treated as a public good in the administrative records over the years. The decision generated debates about the need for more objective rules for official gifts. This is the decision (PDF – 2 MB)

cartier-tcu-lula
Reproduction/TCU
Reproduction/TCU

Precedent for Bolsonaro

The new interpretation of TCU, used to evaluate Lula’s case, can influence the case of Bolsonaro’s jewelry. The former president’s defense may argue that, like the current president, he would be entitled to keep the gifts received.

However, the Federal Police investigation points to attempted sales and concealment of the assets, which would constitute a crime regardless of the equity issue.

According to Lieutenant Colonel Mauro Cid’s award-winning denunciation agreement, former Planalto Orders Assistant, Bolsonaro requested the sale of jewelry from the presidential collection received from foreign authorities and received directly the money from the transactions.

Among the items sold were:

• Rolex and Patek Philippe Watches sold for $ 68,000 in Philadelphia
• Jewelry kit traded for $ 18,000 in Miami

Sales occurred even during official commitments, such as Bolsonaro’s participation in the UN General Assembly (United Nations).

Cid kept the items in the United States with the help of his father, General Mauro Cesar Lourena Cid, who also transported part of the money to Brazil.

Payments were made in kind to prevent bank records, according to the Federal Police.

Cid also revealed that on December 30, 2022, Bolsonaro took to Miami a suitcase containing two gold sculptures and a rosé gold kit received by then Minister Bento Albuquerque during a visit to Saudi Arabia. The former president requested the sale of these items.

After the TCU sorted the return of items to the presidential collection, the former president’s allies organized an operation to regain products in the United States.

Bolsonaro has always denied having committed illegalities in the case of jewelry. His lawyers stated during the investigation that the former president “officially declared the very personal goods received on trips.”