A defense of former president Jair Bolsonaro (PL) asked the Federal Supreme Court (STF) that the seizure of a weapon registered in his name should not be considered serious misconduct while serving house arrest.
The demonstration was filed this Saturday (27), after the Attorney General’s Office (PGR) concluded that, at this moment, the episode is not enough to characterize non-compliance with the conditions imposed on the former president.
Lawyers argue that there are no elements that demonstrate any irregular conduct practiced by Bolsonaro and maintain that the weapon was in the possession of a security guard, not the former president.
According to the defense, the situation cannot be interpreted as a violation of the rules of house arrest nor justify any possible regime regression.
The discussion began after the seizure of a weapon registered in Bolsonaro’s name during an approach involving one of his security guards. The case began to be analyzed by the STF after questions about possible non-compliance with the conditions imposed on the former president.
On Thursday (26), the PGR sent an opinion to Minister Alexandre de Moraes stating that the facts known so far do not allow concluding that a disciplinary offense had occurred.
For the Attorney General of the Republic, Paulo Gonet, the seizure of the weapon, in itself, is not enough to characterize a serious infraction on the part of Bolsonaro.
The head of the PGR, however, defended that the case continues to be investigated before a definitive conclusion on the facts is reached.
In a statement given to authorities, Bolsonaro acknowledged being the owner of the weapon and stated that it remained at his residence. According to the former president, possession of the weapons was justified for security reasons.
In the new petition presented to the STF, the lawyers also reinforce the request to maintain the humanitarian house arrest granted in March this year.
The defense maintains that the health conditions that motivated the measure are still present and recalls that it has already requested an extension of the home stay for a period to be defined by the Court.
The decision on the requests will be made by Minister Alexandre de Moraes, rapporteur of the processes involving the former president in the Supreme Court.
Seizure
One 9mm pistol registered in the name of Jair Bolsonaro was seized on Monday night (15) during a routine blitz carried out by the Military Police of the Federal District, in Taguatinga. The weapons were in the possession of military officer Estácio Leite da Silva Filho, a member of the Institutional Security Office (GSI).
The firearm was in the floor of an official vehicle and the employee initially stated that he wasu. However, after verifying that there was no registration in his name, he said that the weapon belonged to Bolsonaro and was kept in the car.
When he was taken to the police station to provide clarification, the server reported in his statement that the pistol had a mechanical failure and he received it to be repaired. An extra charger was also found in the official car.
Weapon disabled
The former president’s defense stated in a document sent to Minister Alexandre de Moraes that the seized weapon was inoperative when it was seized.
According to lawyers, the firing pin (the part that makes the shot possible) was removed by Jair Bolsonaro’s own security team, due to the former president’s use of psychiatric medications that affect his cognition.
The defense also mentioned that it was due to these effects that Bolsonaro would have tried to break his electronic ankle bracelet. Lawyers also argue that the former president has no legal prohibition on keeping registered weapons in your possession.
