Court that condemned PSP officer over Odair's death ignored law on police use of weapons
The ruling that condemned officer Bruno Pinto for the homicide of Odair Moniz in Cova da Moura did not apply the Decree-Law regulating the use of firearms by security forces, according to SAPO analysis.
Court that condemned PSP officer over Odair's death ignored law on police use of weapons
The decision by Sintra Criminal Court that punished police officer Bruno Pinto for the homicide of Odair Moniz, which occurred in October 2024 in Cova da Moura, did not resort to the specific rule governing the use of firearms by security force officers, according to reporting by SAPO.
The panel of judges, presided over by Ana Sequeira, found it proven that Bruno Pinto fired two shots from a distance of a few centimetres at Odair Moniz, who was unarmed. The decision framed the facts as excessive self-defence, imposing three and a half years in prison, with the sentence suspended.
Decree-Law No. 457/99, of 5 November, which governs the use of weapons by security bodies, only authorises the use of firearms against individuals in three scenarios: to repel unlawful aggression in progress against the officer or third parties, when there is imminent danger of death or serious injury to physical integrity; to prevent crime of extreme gravity that places lives at risk; or to proceed with the detention of anyone posing that threat and who resists authority.
According to the published analysis, the sentence only alludes to this legislation on page 12, within the scope of the defendant's training, but does not use it in the legal framework. The court attributed the shots to the intention of "removing Odair Fernandes from him and being able to restrain him", without taking into account that, according to the specific law, the disproportionality observed "removes the basis for self-defence", according to observations by a Public Prosecution magistrate to DN.
Source: SAPO
Source: Google News PT