TJAM says that storage of weapons by the Public Deposit is done in secrecy

A high-caliber weapon 'disappeared' from the Court of Justice in Amazonas, on November 26th of last year, and may have ended up in the hands of bandits (Image: MP-AM)

January 19, 2022

12:01

Malu Dacio – from Cenarium Magazine

MANAUS – After CENARIUM inform firsthand that the gun misplaced from inside the Public Warehouse of the Court of Justice of Amazonas (TJAM) would have been the same rifle used in the attack on a car of the Civil Police (PC), on January 6, 2021, the body was questioned about the safety of the armament, which in response said that the data is confidential. The justification, according to the institution, is to avoid compromising the security of the institution and the professionals who work there.

On the last 15th, CENARIUM had access to information contained in the Official Letter 10/2022, in which the judge of the 1st Criminal Court, Luiz Alberto Nascimento Albuquerque determined the establishment of an inquiry to investigate whether the rifle used in the attack on a car of the Civil Police (PC) should, in fact, be in custody of the Court.

The report questioned the agency about the control carried out in relation to the procedure of seizure of weapons, but the note states that the control is performed by registering the artifact in a specific system, with all the characteristics of the weapon, as well as linkage to the judicial process, following what determines the Resolution of the CNJ No. 134/2011.

About the return of the material to their respective legal owners, the TJAM explained that once the legitimate ownership is proven and after due clarification of the facts found in the lawsuit, the restitution is promoted by court decision. The other armaments are forwarded to the Army, following the terms provided in Law No. 10.826/2003, with new wording given by Law No. 13.886/2019.

Weapons seized from one of the suspects of the attack on a police car in Manaus (Civil Police)

Recall the case

The gun in question is the target of a Civil Police investigation, which is being held in secret from Justice, to assess whether it is the same gun used in the attack on a police car. CENARIUM did a survey that showed that the model of the weapon lost from the TJAM costs R$70,000 to R$150,000 on the illegal market.

The fight between factions that caused the death of two prisoners in custody of Justice and the detour of the weapon to specialists show the fragility of the bodies in question. Judge Luis Alberto Nascimento, who ordered the opening of an inquiry to investigate the case, also defended the danger of discredit.

Read more: Inquiry investigates if the rifle used in attack to the PM vehicle, in Amazonas, was misplaced from the Court of Justice

‘Very serious crime’

In analyzing the case, the magistrate states – in the letter that determines the Civil Police to investigate the loss – that a “very serious crime” occurred, likely to compromise the credibility of the agencies involved in the loss of the rifle, pointed as the same used in the attack on the car.

In the assessment of Judge Luiz Alberto Nascimento, it appears that the two servers responsible for the weapons deposit in the TJAM are currently on vacation. Today, there is a notification, in the court, for them to answer for the responsibility over the weapons.

Designated judge

With exclusivity to CENARIUM MAGAZINE the judge assigned to follow the case, Elza de Mello, informed that the suspected misplacement of the court rifle is under investigation.

“It was a seized weapon that was not located and was reported to the internal affairs department, which is investigating under what conditions and how this occurred. We became aware of it today. The process is distributed among three judges and was left with me”, declared the magistrate.

Elza also said that the head of the Weapons Depository has been notified. “It is the depot that receives the seized objects, such as cell phones, weapons, ammunition that come from the responsible department of the Civil Police. The movable goods seized in each and every operation or any crime are delivered as part of the process. Everything is kept in this deposit”, he explained.

Secrecy of Justice

Currently, the process that investigates the disappearance of the rifle is under secrecy of Justice and may unfold over the next few days. At the Amazonas Court of Justice internal affairs office, the investigation is under “administrative” and not criminal status.

According to Judge Elza de Mello, the court will investigate whether there was misconduct on the part of the deposit’s servers and whether there will be any punishment due to negligence, omission, or the fault of the responsible public servant or the servers located at the deposit.