AGU appeals TCU decision that authorizes presidents to keep gifts received during their term of office

The Federal Attorney General’s Office (AGU) appealed the decision of the Federal Audit Court (TCU) on gifts to presidents of the Republic.

In August, the court ruled that they can include gifts received during their term in their personal collections until there is a specific law that addresses the issue. The AGU asks the Court of Auditors to re-examine the case.

The argument is that there was a change in the precedents of previous decisions, violating the public interest and violating the principles of reasonableness and administrative morality.

According to the body, there is still a risk of damage to the Union’s cultural heritage.

Gap

Last month, the TCU decided that the watch valued at R$60,000 received as a gift by President Luiz Inácio Lula da Silva (PT) from a French manufacturer in 2005 did not need to be returned.

The TCU’s decision opened a loophole with the potential to benefit former president Jair Bolsonaro (PL) in the case of jewelry received as a gift from Saudi Arabia.

According to the AGU, there is the possibility that gifts already incorporated into the Union’s assets will be returned to former presidents.

The AGU also said that the definition of gifts received by Presidents of the Republic while in office as public goods is supported by the Constitution and other norms.

“As a result of the normative content of article 20 of the Federal Constitution, as a rule, the nature of gifts received by presidents of the Republic at official events is public and, as such, must form part of the Union’s assets”.