Odair Moniz's family appeals police officer's suspended sentence in fatal shooting

The appeal against the suspended sentence

The family of Odair Moniz has filed an appeal at the Lisbon Court of Appeal, seeking an effective prison sentence and the professional expulsion of police officer Bruno Pinto. Moniz, a Cape Verdean citizen who worked as a cook, died in October 2024 after being shot twice during an encounter with the Public Security Police (PSP) in the Cova da Moura neighborhood of Amadora. The initial trial court, led by presiding judge Ana Sequeira, sentenced Pinto to three years and six months with a suspended sentence after convicting him of excessive self-defense. In the appeal filed on Thursday, the victim's legal representatives argue that the trial decision contains an irreconcilable contradiction by establishing facts that remove any necessity, adequacy, or proportionality in using a firearm, while still ruling that the officer acted in self-defense. The Portuguese Public Prosecution has also independently appealed the suspended sentence, maintaining that the officer acted with direct intent to kill.

Alleged protocol breaches and fatal confrontation

The appeal details four primary arguments contesting the initial judicial findings and citing operational breaches by the police patrol. Lawyer José Semedo Fernandes stated that Moniz had committed neither a crime nor a traffic violation before the pursuit began, violating internal PSP guidelines that restrict vehicle chases strictly to suspected criminal acts. The filing also contends that the two officers entered Cova da Moura without alerting their radio command center and without activating the emergency signals on their patrol vehicle. Furthermore, the defense argues that video evidence disproves any active resistance by Moniz during his apprehension. Moniz was on medical leave for severe occupational burns on his right arm, which was the first arm placed into handcuffs, causing visible agony on skin that was raw from injury.

There is also an internal PSP standard that requires officers to use their service weapon only in the face of direct threats. The first shot, the fatal one, was fired after a physical confrontation between the defendant and the victim. It entered Odair's armpit and struck the aorta. The second shot, which hit the victim in the genital area, was fired while he was still standing.

Professional status and contested compensation

In addition to prison time under simple homicide with direct intent (which carries a penalty of 8 to 16 years, or alternatively an effective term not below five years), the family seeks the complete dismissal or a minimum five-year professional suspension of the officer. The PSP confirmed that Pinto returned to active service on 10 August 2026, performing administrative duties at the Setúbal District Command after the trial court revoked his previous suspension. The appeal also seeks a substantial upward revision of civil damages, arguing that the 90,000 euros awarded in first instance is manifestly insufficient. Under the existing ruling, Pinto was ordered to pay 30,000 euros to Moniz's three heirs for the loss of the right to life, 20,000 euros to his widow, and 40,000 euros to his two children for non-patrimonial damages. The family asks for non-patrimonial compensation of no less than 50,000 euros.