Supreme Court orders State to pay damages to acquitted defendant in Tancos case
Gabriel Moreira, who spent approximately 30 months under restrictive measures before being released in the military weapons theft case, is to receive 50,000 euros from the State.
Supreme Court orders State to pay damages to acquitted defendant in Tancos case
The Portuguese State has been ordered to pay 50,000 euros to Gabriel Moreira, one of the defendants who was ultimately acquitted in the proceedings related to the theft of weapons from the Tancos ammunition depot. The ruling came from the Supreme Court of Justice (STJ), in a judgment of 9 July, reversing the earlier position taken by judges at the Lisbon Court of Appeal.
The information was disclosed by Lusa and the Jornal de Notícias. The STJ magistrates determined that the fact that Moreira was declared free of guilt at the end of the proceedings is sufficient for him to be entitled to compensation for harm caused by the deprivation of liberty, regardless of any remaining uncertainty about his innocence.
The superior court reasoned that when a defendant is acquitted of all the charges against him, this is a sufficient condition for civil damages to be claimed from the State, even if the decision was based on the principle of "in dubio pro reo".
Moreira was arrested on 17 December 2018. For approximately 15 months he remained in preventive detention. On 20 March 2020, judge Carlos Alexandre ordered his release, taking into account delays in the proceedings resulting from the pandemic. From that point on, the man was subject to other restrictive measures, including a requirement to remain at home, which only ceased in July 2021.
This was not the first time the judiciary examined the compensation claim. In February 2025, the Lisbon Civil Court had already ruled in favour of payment, but in October of that same year the Court of Appeal in Lisbon quashed that judgment. The judges at the intermediate court maintained that, as the acquittal was based on lack of evidence rather than the effective demonstration of innocence, there would be no grounds for damages.
The STJ disagreed with this interpretation and sided with the defendant.
The case involving the disappearance of military material from the National Ammunition Depots of Tancos came to light in June 2017. The legal proceedings concluded in November 2024, resulting in convictions for 11 of the 23 defendants. Among those acquitted was also the former Defence Minister Azeredo Lopes.
Source: Correio da Manhã