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Expanding opportunities for a person to buy a firearm does not guarantee a heightened sense of security or even a reduction of violence in the country. President Jair Bolsonaro (PSL) signed Tuesday (15/1) the text advocating amendments to the Statute of Disarmament, expanding the list of people who may own a weapon at home or a commercial establishment. The experts heard by ConJur differ, however, as to the effectiveness of the measure in achieving the objectives to which it was applied.
On the one hand, the editing of the decree is a campaign agenda, shows a first delivery This corresponds to what the president had promised as a means of fighting crime and some experts see it as a potential to strengthen the feeling of security of the population. On the other hand, some understand that the measure is insufficient and may even have an opposite effect on what has been said. Henrique Hoffmann Professor and editorial writer of ConJur Nothing changed the ban on carrying firearms – nor could it, as provided in the Disarmament Statute. He also did not release possession of a firearm without restriction, he only facilitated his acquisition, including by conferring a less strict interpretation of the requirement of "actual necessity", which means, for the citizen, the fact of residing in states
"Regarding the merits of easing or not the access to the firearms, it is about 39, a controversial topic that arouses pbadion and has no definitive answer or unique solution It is curious to note that statistical data can be used to support both those who are in favor and those who are against weapons, because in the category of developed countries low rates of homicide, there are both prohibitions and those that allow the use of weapons for personal purposes. "
C is more than the release or not of the weapons that influences their effective use is the culture of the a society that respects the law and the certainty of punishment. "This confirms the popular belief that the murderer is the person, not the weapon.In this debate, the right is to multiply licit weapons, it will not explode the crime and will not be a panacea either. against violence in Brazil, "said Hoffmann.
According to the criminal lawyer Aury Lopes Jr no such significant change has occurred. The determination of the 10-year period for the renewal of registration is, for him, an involuntary restriction.
"It did not meet expectations and will not change the situation significantly, it was hoped that the file would be created again, until the weapon was sold, for example when It would be so for the new owner.As long as the property would not be altered, it would not be necessary to have it's pre-disarmament system, which was a superficial change. "
It highlights also a legal question that he deems interesting. Anyone who possessed a licensed firearm, but disagrees with the legal or regulatory decision, as in the case of the expired registration, is granted an automatic extension of validity for an additional 5 years and ceases to be in possession. unlawful situation
"I know that the STJ and some courts have already understood that the possession of a firearm with a dead record was a simple administrative irregularity – with which I agree – but we also know that the agreement was not peaceful and many people were or are in the process of Raquel Kobashi Gallinati Delegate of the São Paulo Civil Police is an important fact from a criminal point of view. the Union of State Police Delegates, the purpose of the change is to give objectivity to the rules, and baderts that all measures to expand the role of the protection and protection of citizens and to fight against crime and violence are necessary and welcome.
"The decree signed Tuesday establishes objective criteria to reach Any person satisfying the requirements of the decree can visit a police station of the federal police and demonstrate that it meets the criteria and request an authorization to possess. [19659002] The President of Sindipol-DF and Public Security Specialist, Flávio Werneck The President of Sindipol-DF and Public Security Specialist, states that one of the positive aspects of the decree of the President of the Republic is the withdrawal of the federal delegate, prerogative to decide selectively may have the right or not. "By removing the subjective criteria that were in the interpretation of the policeman and creating objective criteria, you even reduce the risk of corruption in the body and the feeling that it is necessary to have knowledge in the public body for that right to a p rock is deferred.
Werneck states that the government has applied the UN criteria to define areas of high violence: 10 homicides per 100,000 population. However, by granting tenure to the merchants, he thinks the decree could have created a problem. "One thing is the trade with which we are accustomed, which is the street, a store, with address, etc. But today, we have the online business, the fictitious, which has the record but is not the same. do not practice the profession., the discussion becomes a bit open, "he says. Regarding the impact on crime, he argues that the text is marginal to the debate on security, without reducing or increasing violence.
Doubtful Efficiency
By signing the decree, Bolsonaro baderted that before, there was a subjectivity and that the amendments clarify the rules relating to the possession of weapons. However, for the criminal lawyer Maria Victoria Hernandez it is not desirable that the federal police evade the badysis of the declaration of actual need to predict the presumption of truthfulness the applicant's allegations.
"A so promising objectivity of the new criteria is a real smokescreen, as these criteria are so broad that anyone over the age of 25 can claim possession of a weapon in a country with rates of violence such as Brazil.
For the criminalist Fábio Tofic Simantob the subject arouses even constant debates, but he sees with the effects that the measure can provoke. "I did not "Never seen a country reduce the rates of violence by increasing the number of weapons in circulation," he said. "I have doubts about whether he'll be safe." is a policy to reduce these rates. "
However, it is illusory to believe that the so-called honest citizen will not generate more violence.Liquidly purchased weapons may migrate to the next. anarchy and fomenting wars between factions, for example
He claims that people believe that the Urban violence is the result of a war between bad guys and bad guys. "We have some very strong ingredients to say that more and more weapons are going to be going up," he said.
Former director of penitentiary policy of the Ministry of Justice and former head of the field of research in the field of the CNJ Renato de Vitto understands that the greatest expectation of the legal community concerns the modification of the Status of Disarmament to be promoted by the National Congress. Here, the changes can be, according to him, more extensive and more damaging.
Nevertheless, he already sees a symbolic burden and concrete consequences in the editing of the decree. "This testifies to the realization of a public safety program that thinks that the settlement of the population will protect it.This could have a potential effect on reducing the feeling of insecurity, but it does not affect the safety of people. is a deceptive solution. "
Access to weapons possession is facilitated, but there is an increase in traffic that warms the illegal market accordingly. The increase in supply also leads to a reduction in the cost of the product. "This has a rebound effect on the increase in the number of homicides, whether with a cold weapon or by accidents, as is often the case," he explains. He gives the example of flights. A crime that allegedly involves the robbery of material property can transform and end a person's life in the face of a possible victim response.
From a legal point of view, Renato De Vitto thinks that the option proposed by Bolsonaro is reopened. Andre Callegari questions the fact that Brazil's situation is more complex from the point of view of security.
The criminal (19459003) André Callegari considers that the situation in Brazil is more complex from the point of view of security
"In the current context, the police, the border control, the prisons are insufficient and there is no point in arming the population and creating disorder on the other side.A person can act in self-defense, but the government can barely control the factions that dominate the prisons, the only way to do it. armament in the favelas. "
Pierpaolo Cruz Bottini criminologist and professor of criminal law at the USP, qualifies this amendment as counterproductive. "Increasing the chances of possession of a weapon, especially in the most violent areas, will certainly increase the number of homicides, badaults and especially domestic violence. C & # It is a counterproductive policy that goes against successful policies in other countries and ends up importing the most aggressive societies such as American society, the results of which are known to all. "
The criminal lawyer and professor of criminal law at the IDP-São Paulo and the FGV, Conrado Gontijo aligns on this position. For him, regression is inevitable and proven by science. "It is misleading to claim that with easy access to weapons, citizens will be better able to defend themselves against crime." On the contrary, studies conducted around the world prove that this is not true! that does not rely on scientific and statistical evidence and will likely favor an increase in the rates of violence in the country, "he says, citing the increase in the number of weapons in circulation as one of the elements leading to the realization of this prognosis
In the particular case of violence against women, Renata Amaral president of the Association of Lawyers for the Gender, explains that data relating to femicide used by police officers. "This shows that the greater the access to firearms, the more likely it is that a woman victim of violence female victim of a feminicide, "she says.
She adds that, although advocates of flexibilization justify that women can also use firearms to defend themselves, she believes that this hypothesis does not match the reality of the vio The same is true for rape, a crime most often committed at home by acquaintances or relatives.
"This is a reaction that is expected of those who are considering theft, theft, in what we call" street crimes ", and not" domestic "crimes. aggravates for women, because firearms in the hands of the aggressors have proven to be another instrument of power, coercion, to promote menacing and capable of practicing rape, there is in this point a double revictimization and not a situation of power such that it was propagated by mistake. "
A lawyer and professor of criminal law of the IDP, Carolina Costa is d & # 39; # 39; agreement. "We think about this woman's reaction when she is caught in an episode of violence and that the cycle of domestic violence is not surprising.On the contrary, she has every idea of dominance." , of psychological violence, of threats, So how do you imagine a woman who has the courage to unsheathe her gun and shoot at her badailant? "
Carolina Costa understands that since these weapons are in the person's house, the crimes that will take place in this environment will be the first in which they will be used. "If women rebel against any kind of internal domination, they can react to such aggression," he adds. According to the lawyer, investigations reveal a frequent use of knives, such as knives and acids, against women, but citizens who have access to firearms also use them against women.
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