Legislation does not prevent Bolsonaro from having weapons under house arrest; STF questions seizure
The Federal Supreme Court (STF) requested, this Tuesday (16), clarifications from Jair Bolsonaro’s defense after a weapon registered in the name of the former president, currently under house arrest in Brasília, was seized.
The weapon was found in the possession of a soldier during a Military Police inspection in the Federal District. A check on the Brazilian Army’s Sigma system confirmed the weapon’s connection to the former president’s name.
Can the former president possess weapons even under house arrest?
According to current Brazilian legislation, there is no automatic prohibition that prevents an individual under house arrest from keeping a legally registered weapon in their residence.
It is important to remember that Bolsonaro is currently serving a sentence under humanitarian house arrest, a measure granted by the STF due to his health conditions.
However, the magistrate responsible for the process has the prerogative to determine restrictions. Possession of weapons may be considered illegal if it contradicts the conditions established by the Court.
Brazilian legislation on gun ownership
The main legal norm that regulates the issue of weapons in Brazil is the Disarmament Statute (Law 10,826/2003). It authorizes a citizen to possess a firearm indoors, as long as some requirements are met:
- The weapon must be duly registered in the owner’s name;
- The individual must have formal authorization from the Federal Police (PF).
The specific law for house arrest, in turn, does not expressly address the issue of gun ownership. Lawyer Gustavo Sampaio clarifies that, in principle, Jair Bolsonaro is allowed to possess a firearm in his residence. He explains that “there is no express prohibition in the law for the convict to have a weapon inside his home, which is permitted by law, as long as the weapon is legal and allowed to be owned by the individual. The judicial body can, however, prohibit this possession by autonomous determination, but in principle there is no prohibition.”
A relevant fact is that the court decision that sentenced Jair Bolsonaro did not include any order for the surrender of his firearms.
Bill being processed in the National Congress
There is a bill, proposed by senator Eduardo Braga (MDB-AM), which seeks to modify the Disarmament Statute to establish a clear prohibition on the possession of weapons by people under house arrest.
The initiative for this project emerged in 2022, after the incident in which former deputy Roberto Jefferson reacted to a house arrest order, shooting at federal police officers in his home, in the interior of Rio de Janeiro.
The central objective of the legislative proposal is to prevent situations in which individuals under investigation or already convicted may have access to weapons in their homes, minimizing the risks both for public agents and for the execution of judicial measures themselves.
Despite its relevance, the text was never put to a vote and does not present significant progress in Congress. Therefore, current legislation does not yet explicitly provide for this prohibition, with the Court making the decision in each case.
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In an official statement, the Military Police reported that the Army soldier was carrying two weapons: one for institutional use and another that was without proper documentation at the time of the approach. The Civil Police classified the conduct as irregular, based on Law 10826/2003, due to the absence of the Firearm Registration Certificate (CRAF).
The soldier, identified as Estácio Leite da Silva Filho, was taken to the 21st Police Station and later released. The investigation of the case will be the responsibility of the 17th DP. No information was released about who handed over the weapon attributed to Bolsonaro to the soldier.
Journalistic teams seek contact with the defenses of the former president and Estácio Leite da Silva Filho.
Details of the police approach that resulted in the seizure
The Military Police reported that the inspection took place on Monday night (15), at DF-001, in Taguatinga. At the time, a Brazilian Army soldier was driving an official vehicle.
The following weapons were found inside the car:
- An institutional weapon, carried regularly;
- A second firearm, for which the man claimed he had no documentation and claimed it belonged to someone else.
According to investigations, the soldier stated in the police report that the weapons belonged to Bolsonaro and introduced himself as a sergeant from the Institutional Security Office (GSI).
The police report also records that the soldier explained that the weapon was given to him due to a breakdown. He told the police that he had removed the weapon on Monday (15) to carry out the necessary repairs, with the intention of returning it this Tuesday (16).
Clarifications from the Military Police on what happened
The Military Police of the Federal District detailed that, during an approach carried out in the early hours of last Monday (15) in DF-001, at kilometer 79, in front of Tag Park, in Taguatinga, an Army soldier who was driving an official vehicle was taken to the 21st Police Station. This action occurred after the discovery of a second firearm inside the vehicle, in addition to the institutional weapon that was carried regularly. During the incident, the person approached declared that he did not have documentation for the second weapon and reported that the object belonged to a third party. In view of the facts, both the weapon and the driver were taken to the 21st DP, and the precise identification of the ownership, origin, regularity and possible link of the seized weapon to any individual will depend on the analysis of the competent bodies, especially the authorities in charge of the investigation.
Positioning of the Institutional Security Office (GSI)
On the topic, the Institutional Security Office of the Presidency of the Republic (GSI/PR) officially informed that it is not responsible for the security of former presidents of the Republic, including Mr. Jair Messias Bolsonaro. The GSI clarified that the employees designated to act in the security of former presidents are of their free choice and do not maintain subordination or operational ties with the GSI, as established by Law No. evaluation of employees and vehicle drivers who are part of the security team of former presidents of the Republic, in accordance with Ordinance GSI/PR No. 136, of September 20, 2024.
