Brazil AG: Keep Bolsonaro under house arrest, but without his gun

Brazil's Attorney General Paulo Gonet has recommended that former President Jair Bolsonaro remain under house arrest but without the firearm seized from one of his security guards. The recommendation was sent to Supreme Court Justice Alexandre de Moraes.

Gonet previously stated that the seizure did not indicate a disciplinary lapse by the former president. He argued that it was necessary to await the conclusion of investigations into the incident before deciding on the continuation of Bolsonaro's house arrest. Moraes had set deadlines for the Attorney General's Office and Bolsonaro's defense to submit their arguments before making a decision.

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The police authority's conclusion, with regard to Jair Bolsonaro, is effectively well-supported by the circumstances investigated in the episode. There is no disciplinary offense to attribute to the inmate that negatively impacts his current regime of serving a sentence.

On Wednesday, Gonet also noted that a Federal Police report recommended indicting the security guard, Estácio Leite da Silva Filho, who was carrying the pistol. However, the report dismissed the materiality and intent of Bolsonaro illegally possessing a restricted firearm. "The police authority's conclusion, with regard to Jair Bolsonaro, is effectively well-supported by the circumstances investigated in the episode. There is no disciplinary offense to attribute to the inmate that negatively impacts his current regime of serving a sentence," Gonet said.

Despite this, Gonet asserted that the former president's current status is incompatible with possessing a firearm. "In any case, it is certain that the detainee's current condition is incompatible with the possession of a firearm, which requires, among other requirements, proof of good standing, with the presentation of negative certificates of not being under investigation or criminal proceedings." The Civil Police of the Federal District also stated in a report to Moraes that they did not find any crime committed by the former president in the incident, noting he had a valid firearm registration and no known restrictions.

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In any case, it is certain that the detainee's current condition is incompatible with the possession of a firearm, which requires, among other requirements, proof of good standing, with the presentation of negative certificates of not being under investigation or criminal proceedings.