The Attorney General’s Office (AGU) appealed the decision in which the Federal Court of Auditors (TCU) recognized that gifts received during the terms of office of presidents of the Republic cannot be considered public goods.
In the appeal filed on Friday (6) with the court itself, in addition to citing laws and decrees, the AGU argues that the Constitution defined that assets of the Union are those that currently belong to the federal government and those that are incorporated in the future.
For the body, the interpretation allows the understanding that gifts received by presidents of the Republic during diplomatic events or official visits are not private and must be incorporated into public assets.
“The claim is based on the thesis that the new understanding of the Court of Auditors, in the opposite direction to precedents established by judgments no. 2,255/2016 and 326/2023, violates the public interest, affronts the principles of reasonableness and administrative morality and causes damage to the cultural heritage of the Union”, states the AGU.
On August 7th, the TCU rejected request made by federal deputy Sarderson (PL-RS), an opposition parliamentarian, to force President Luiz Inácio Lula da Silva to return the watch he received as a gift, in 2005, from the then French president, Jacques Chirac, due to the celebration of the Year of Brazil in France.
For most of the court’s ministers, there is no specific law to regulate the matter. Therefore, the TCU cannot order the return of the watch to the public collection of the Presidency of the Republic.
Saudi jewelry
After the TCU decision, Jair Bolsonaro’s defense asked the Federal Supreme Court (STF) for the archiving of the investigation about the jewelry received from foreign authorities during the former president’s government.
For Bolsonaro’s defense, the TCU’s decision confirms that “there is no illegality in the conduct carried out” by the former president.
In July of this year, the Federal Police indicted the former president for money laundering and criminal association after closing the investigation against Bolsonaro and 11 other people, including former aide Mauro Cid.
The investigation uncovered the operation of a criminal organization to divert and sell gifts from foreign authorities during the Bolsonaro government. The items were received during trips to Saudi Arabia.
During the investigations, the PF found that part of the jewelry left the country in a suitcase transported on the presidential plane and was sold in the United States.
