Defence of Bruno Pinto appeals for acquittal in Odair Moniz case and transfers compensation to the State
The defence of PSP officer Bruno Pinto has appealed to the Lisbon Court of Appeal, invoking self-defence and seeking criminal and civil acquittal. Any compensation, if awarded, should be the responsibility of the State, the defence argues.
Defence of Bruno Pinto's appeal invokes self-defence and seeks full acquittal in Odair Moniz's homicide
The defence of PSP officer Bruno Pinto, convicted of the homicide of Odair Moniz, has appealed to the Lisbon Court of Appeal seeking full acquittal — both criminal and civil — and, alternatively, the transfer of any compensation to the State. The argument of the appeal, which news agency Lusa had access to and which Correio da Manhã reported on Wednesday, maintains that "no penalty can be applied to the defendant", as the officer "acted in exercise of a right and acted in legitimate self-defence".
The Sintra court had sentenced Bruno Pinto to three and a half years in prison with the sentence suspended. The defence, led by solicitor Ricardo Serrano Vieira, is seeking the complete annulment of that decision. Serrano Vieira told Lusa he believes the Lisbon Court of Appeal will "overturn the Sintra decision and recognise self-defence according to the terms and grounds set out in the appeal".
"Lower" sentence and absence of intent
In the text of the appeal, the defence further argues that, even in a hypothetical scenario of some responsibility, "the sentence could never be the one that was applied". Should there be a conviction, it should be "lower", given that the circumstances would reveal "an almost complete absence of culpability and very low, practically non-existent, needs for general or specific prevention".
On the subjective element of the crime, the defence rejects the imputation of eventual intent, arguing that "nothing was proven that the defendant wanted to kill the victim, nor did he even represent that possibility whilst accepting that result". It admits, "as a last resort", that Bruno Pinto could be held responsible for negligence — but nothing more than that.
Compensation: defence points to the State
As for the civil aspect, the defence is equally assertive: "there is no basis for any type of compensation", due to the absence of criminal responsibility. And it adds that, should compensation exist, it must be attributed to the State, "since the defendant will have acted in compliance with a duty, whilst serving the State". The value of such compensation should also be reduced, "taking into account that the victim had a significant and decisive role in producing the risk and the result", the appeal maintains.
The Sintra court had sentenced Bruno Pinto to pay €90,000 to Odair Moniz's family: €30,000 divided among three heirs for loss of the right to life, €20,000 to the widow and €40,000 to the two children for non-pecuniary damage.
Counter-appeal: family seeks actual imprisonment and heavier sentence
Last week, Odair Moniz's family defence also filed an appeal, but in the opposite direction. It seeks actual imprisonment, suspension from PSP duties for a period of no less than five years and higher compensation, arguing that the judgement "contains irreconcilable contradiction".
According to the family, the court "establishes as proven facts that rule out the necessity, adequacy and proportionality of resorting to a firearm against a person and, nevertheless, concludes that self-defence with excess exists", something which it classifies as "manifestly illogical". For the relatives' defence, "the three-and-a-half-year prison sentence applied to the defendant is manifestly insufficient, as it does not reflect the objective seriousness of the homicide, the degree of culpability, the use of a service firearm, the defendant's functional status and the high demands of general prevention". The appeal seeks a sentence of actual imprisonment of no less than five years. The Public Prosecutor also announced an appeal against the suspended sentence.
The case
Odair Moniz, a 43-year-old Cape Verdean citizen resident in the Zambujal neighbourhood, Amadora, was shot dead by officer Bruno Pinto on 21 October 2024, near the Cova da Moura neighbourhood, also in Amadora. The incident occurred following a traffic infraction, during which Moniz attempted to flee from the PSP and resisted arrest.
The Public Prosecutor's indictment, dated 29 January 2025, indicated that Moniz was struck by two projectiles: the first in the chest area, fired from between 20 and 50 centimetres away, and the second in the groin area, from between 75 centimetres and one metre away.
In the judgement, the panel of judges presided over by judge Ana Sequeira concluded that Bruno Pinto did not act out of prejudice — ruling out the hypothesis of a hate crime — and that the officer merely wished to "carry out a lawful arrest". The court further considered it not proven that the victim was wielding a knife against the officer at the moment of the shot.
The trial began on 22 October 2025. In the first session, Bruno Pinto apologised to Odair Moniz's family and friends, although he stated he disagreed with the facts contained in the Public Prosecutor's indictment.
Source: Correio da Manhã