Inconsistência jurídica em relação à posse e ao porte de armas de fogo no Brasil

Abstract

The national policy regarding firearms in Brazil, until the early 90s, showed a certain stability, legally supported by Decree Law 3.688/41. However, starting with Law 9.437/97, during Fernando Henrique Cardoso's government, a disarmament-oriented political period began, which culminated in the Disarmament Statute (Law 10.826/03). The main objective of the Disarmament Statute was to reduce the number of deaths caused by firearms in the country. To achieve this goal, the statute established several norms that increased control over the possession and carrying of firearms by civilians, as well as the manufacture, handling, and reloading of ammunition, which together would bring a reduction in the country's violence rates for the Brazilian population. Thus, the Brazilian disarmament race that occurred, especially in the last 20 years, aimed to attempt to reduce homicides in the country. However, this objective was not achieved, but its effects were felt in the explosion of violence and the number of homicides, which reached its peak in 2016, with an approximate number of 62,000 homicides that year. On the other hand, the aforementioned statute made the acquisition of firearms by the civilian population more complex, costly, and restrictive. Faced with the problem, there is an interest in analyzing whether the construction of Brazilian legislation regarding firearms is sufficiently clear and adequate, as well as verifying whether there is a relationship between the control of firearms in the hands of civilians and the increase in violence in Brazil.