The former president’s defense admitted that he requested the repair of a pistol after finding a fault, but stated that there is no correlation between the request and the end of the period of house arrest, which expires on the 25th.
In the statement sent to the (Supreme Federal Court), the lawyers expressly recognize that Bolsonaro “is the regular owner of the weapons”.
In response to the minister, the defense said that Bolsonaro did not know that the pistol’s firing pin had been removed by his security team, rendering the weapon inoperative. The measure was taken because the former president takes psychiatric medications that can affect his cognition. Without this information, Bolsonaro would have noticed the problem with the pistol and ordered the repair.
The 9 mm Glock pistol was used on Monday night (15) by a Bolsonaro security guard, approached during a checkpoint in the Federal District. Moraes asked for “the reason why the convict kept a firearm at home, with a spare magazine” and why, on the eve of the closure of the home, he had requested repairs.
“Recently, the petitioner found, by simply activating the bolt, without any need for firing, that the mechanism was not working regularly”, say the lawyers. “Unable to identify the cause of the problem, he handed the weapon to Mr. Estácio Leite da Silva Filho, a second sergeant in the Army with experience in weapons, so that he could verify what had happened.”
According to the defense, “the sole purpose of delivering the weapons was to seek assistance in identifying the failure and carrying out the necessary maintenance.” The demonstration highlights that, despite the decision, “no delivery of weapons, cancellation of registrations or any similar measure was determined.” Attached to the process, the weapon’s registration certificate is from 2019.
“The petitioner [Bolsonaro]therefore, he was not in an irregular situation. In any case, he would have promptly handed over his weapons if there had been a decision to do so. He also states that he has no interest in returning the weapon while the current custody situation continues”, argues the defense. The STF did not say why Bolsonaro, even in prison, had free access to the weapon.
Regarding the spare magazine, the lawyers state that the equipment has been included with the pistol since it was purchased, “not having been acquired subsequently nor added for any specific purpose.” The defense attached advertising materials for the weapon which included the supply of two magazines.
When he was 33 kilometers from Bolsonaro’s condominium, Estácio stated that he was part of Bolsonaro’s security team, according to registration made with the STF. The soldier presented himself to the police as a member of the (Institutional Security Office) of the Presidency of the Republic, which the body denies.
Estácio was taken to a police station and reported that he was taking the gun for repairs due to a breakdown and that he intended to return it on Tuesday (16). Military police officer Davi Evangelista Alves said that the pistol was on the floor of the vehicle and that, when he noticed it, “the driver suddenly closed the window” of the car.
The security guard also initially said that the weapon “was in his possession”, which was not confirmed by the police, who questioned him once again. According to the police report, it was only then that he responded that the pistol belonged to Bolsonaro and that it was inside the car. The allegation opposes that of the defense, which says that the weapon “was kept in his residence, a storage location compatible with the condition”.
The DF Civil Police informed Moraes that it had opened a police investigation “with the purpose of investigating the facts narrated”. The results of the investigations will be forwarded to the Supreme Court in due course, according to delegate Thiago Boeing Schemes da Silva. Moraes will still decide the measures that will be taken in Bolsonaro’s criminal execution.
the minister had been considering the possibility of renewing Bolsonaro’s house arrest for another 90 days, as he considered that custody was being carried out without complications or signs of non-compliance. However, the seizure of the pistol raised an alarm in the magistrate, who may decide to send the former president back to Papudinha.
Moraes will also evaluate the explanation about the mandatory search procedures for cars leaving Bolsonaro’s condominium. The PM told the magistrate that he scans all vehicles that leave the residence, but that the cars used by the security guards are parked on public roads and do not enter through the garage, “which is why they are not subject to inspections.”
In the statement attached to the STF process that deals with the ex-president’s sentence, the soldier states that he “immediately informed” that the weapon belonged to Bolsonaro and that the pistol was given to him “due to the discovery of a breakdown, which, according to him, appeared to be an easy solution”.
Bolsonaro has been in hospital since March 27th, after being admitted to a hospital for two weeks, with injuries in both lungs. He is serving a sentence of 27 years and three months in prison for leading a coup plot in the country.
