MPF asks Raquel Dodge to go to the STF against Jair Bolsonaro's gun-owning decree | Federal District

The 27-page document is to be badyzed next week by Attorney General Raquel Dodge. The MPF asks the PGR to file an action in violation of the fundamental precept (ADPF) – a process that may result in a suspension, injunction or final decision of the new rules.

If the application is accepted, the action of the PGR must be considered by the Minister of STF, Celso de Mello. Indeed, he is already rapporteur of a similar action filed Thursday (17) by PCdoB. The minister only returns from the suspension of the bench on February 1.

Federal prosecutors Deborah Duprat and Marlon Alberto Weichert sign the MPF representation in the federal district. In this document, they highlight a series of reasons to challenge the decree of Jair Bolsonaro.

According to the prosecutors, the decree is subject to the separation of powers because "it can not alter the purpose of the legal norm nor enlarge or reduce its scope". In other words, they say that a decree does not have enough strength to overturn the Statute of Disarmament.

"This law establishes a system of restriction of permissiveness of possession of weapons, and the decree aims to substantially modify this directive, for a general eligibility model ", says the document. The griffins are from the original piece.

The statement also challenges the criteria included in the decree to demonstrate the "actual necessity" of a weapon. Under the new rules, all inhabitants of rural areas – 30 million people according to MPF – and urban areas with some degree of violence are entitled to the registration of the weapon.

"In summary, the joint application of clauses III and IV reveals that the entire Brazilian population – urban and rural – has for them the presumption of" actual necessity ", said the MPF .

In the badysis of the Constitution, both prosecutors claim that the Bolsonaro decree violates the principles of equality and solidarity.

"There is no more antagonistic idea to the notion of solidarity than that of enemy friend, to arm citizens to defend themselves against other citizens. in a rough vision of good and evil. "

The decree signed last Tuesday (15) of Bolsonaro eases the rules for obtaining the right to possession of firearms.

Possession is the authorization to keep a firearm at home or at work (provided that the owner of the firearm is the legal guardian of the establishment).

The text of the Order authorizes citizens residing in urban or rural areas to keep their firearms at home, provided that they meet the criteria of "actual necessity", for examination by the federal police.

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