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SÃO PAULO E RIO – The proposal of the elected President,
Jair Bolsonaro
, to extend the
possession of arms
of fire, as announced Saturday on Twitter, has the support of supporters, but it raises many questions about what, in fact, will be changed in the legislation in force on the subject. The specialists heard by the GLOBO are questioning the shortcomings that a possible flexibility in the possession of weapons can open and, mainly, the validity of such a measure in the fight against violence in the society, Bolsonaro's main argument to be addressed in the subject.
Bolsonaro stated that he had the intention of guaranteeing by decree "the possession of a firearm for citizen without a criminal record" and to make his registration definitive, but not ". did not specify the proposal, nor did it indicate whether it intended to reformulate the Disarmament Statute, approved in 2003 as a reference. in the country's arms control policy. Currently, the possession of a firearm is valid for five years.
– To say that the possession of a weapon will allow everyone to defend themselves, as in the Old West, is a powerful image, but devoid of evidence. An increase in possession possession could increase the stock of weapons for criminals who enter a home to steal, not to mention domestic accidents. It does not give more protection to citizens. According to sociologist Cláudio Beato, director of the Center for the Study of Crime and Security at the Federal University of Minas Gerais (UFMG), an ordinary citizen usually has neither the time nor the training needed to react with a weapon at home.
Benoît cites the National Victimization Survey conducted by the Ministry of Justice, which shows that possession of a weapon makes people more vulnerable to violence than those who do not. not. In many cases of burglaries at home, highlights, the burglar already enters the house with the owner.
– The current status of disarmament already authorizes the possession of weapons, under various conditions, from mental health exams to criminal records. This does not prevent a citizen from owning a weapon if certain conditions are met. So, what does Bolsonaro want to make flexible? The illegal market will not cease to exist. The proposals are still vague and therefore worrying. Especially when he decides to also relax the requirements for possession of firearms. Where they can increase street fighting, traffic situations, it would be more complicated if people are armed – says Beato.
Lawyer Isabel Figueiredo, a specialist in constitutional law and a member of the Brazilian Public Security Forum, recalls that the possibility of a decree would, in theory, limit the changes that Bolsonaro could make in this regard. Amendments to the disarmament law would depend on congressional approval.
– This is a very serious subject. And that will not be solved with a relaxation process. People could buy a weapon that could be intended for other people. And if we consider that the possession of a weapon guaranteed its presence at home, this weapon could also be used by other villagers, and not only by the one who would have bought it. How would this inspection take place? Isabel application.
The lawyer also points out that the legal and illegal arms market is not close and communicates.
– Research on the origin of weapons seized by the police shows that many of them have emigrated from the legal market. Lack of control mechanisms. If the possession of weapons is still extensive, it would be natural to increase the number of weapons that go to anarchy. Whether for this migration or for flights in houses where there are weapons – critical Isabel.
– Thinking that increasing the possession of weapons without releasing the postage will not pose a problem is a misunderstanding. The problems already exist. With that, there would be many more.
Lawyer Roberto Delmanto Júnior, criminal law specialist, agrees. According to him, legal offenses possibly caused by the extension of arms possession by decree could exist, but they would hardly result in unprecedented social problems.
– The fact that a juvenile delinquent who, as he gets older, gets rid of his criminal record, can buy a weapon immediately after his 18 years, or that a thug can use a third like orange to have the weapon, these two situations make no difference to what we see today. Today, banditry has a weapon with figures erased. Today, these people who commit crimes already have a firearm, "he says.
According to the lawyer, the measure announced by Bolsonaro will probably not eliminate crime and will not reduce violent crime, although it is, in his opinion, a just wish for the population and an answer the bankruptcy of the penal system.
– With a more armed population, we will no doubt have an increase in domestic accidents, often involving children who take their father's firearm away from the closet. We will have an increased use of firearms in domestic violence itself. We can also have an increase in homicides. But people are desperate and want to be able to defend themselves against the omission of the police and against the inefficiency of the justice system that is holding up, "he said.
– The cover is short and well thought out. Often, thieves invade homes only to steal citizens' weapons.
Rafael Faria, a lawyer and professor of criminal law at the Universities of Iguaçu and Estácio de Sá, warns that juvenile offenders, without a criminal record after 18 years, will continue to be accredited to obtain firearms. fire, as it works today
– The notion of criminal law is strict and must be interpreted: the minor does not commit a crime. You practice a practice similar to crime. It's something formal that needs to be respected. It is undoubtedly an offense, because at the age of 18, after responding to the offense-like offense, the minor is, in theory, "set to zero" to even get a gun.
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