The former deputy Roberto Jefferson, who shot at federal police officers while under house arrest in Rio de Janeiro, did not have the suspension of weapons registration determined by the minister, Alexandre de Moraes. This is an expert explanation for why he is still armed.
Jefferson was responding under house arrest to a lawsuit for inciting crimes against national security, slander and homophobia, awaiting trial. Last weekend, Minister Alexandre de Moraes issued an arrest warrant, after numerous breaches by the former deputy of the precautionary measures imposed.
“The revocation of house arrest occurred due to repeated non-compliance with the precautionary measures imposed, among them passing guidelines to PTB leaders, sharing fraudulent news in the face of the Ministers of the Federal Supreme Court and the performance of the Federal Supreme Court (STF), and , on a more recent date, to publish a video containing very serious offenses against Minister Carmen Lúcia, of the STF”, explains criminal lawyer Camila Castelini.
House arrest may have other alternative precautionary measures, in the case of the former deputy. “The investigation’s rapporteur granted house arrest to Roberto, however, imposing a series of precautionary measures as a condition, with the use of electronic anklets, prohibition of external communication and participation in social networks, prohibition of granting interviews, among others”, he says. the criminalist, Ana Maria Bernardes.
Ana Maria points out that the specifics of house arrest vary according to the level of the crime committed. “There may be specific prohibitions, depending on the crime committed, imposed at the discretion of the Judge, in the specific case. Reportedly, there was a ban on not participating in social media and the ban had been breached, along with other precautionary measures that had been imposed.”
The expert explains that it is possible to have weapons legally while under house arrest. “Suspension of firearm registration is a possibility when preventive detention is replaced by a precautionary measure of house arrest, which must be determined by the competent court. In the case of ex-deputy Roberto Jefferson, this determination was not made by the minister, since the crimes investigated did not concern the use of weapons and no one would have imagined that an ex-deputy would receive shots and grenades from Federal Police agents in compliance with a judicial decision. ”, says Camilla.
Ana Maria says that it is necessary to analyze whether the possession of the weapon was legal and up to date, that is, if he had legal authorization. Otherwise, she will also answer for the crime of illegal possession of a firearm.
“In addition to the crime of resistance present in Article 329 of the Penal Code. In this case, according to information, he would have been indicted for four attempted murderssince there were police officers injured in the confrontation”, adds Ana Maria.