Uma análise sobre o Estatuto do Desarmamento e seu impacto no Direito de Autodefesa

Abstract

Society is unhappy with the progressive increase in violence in the country in recent decades. As a result, the debate about gun possession as a means of self-defense to inhibit the action of criminals is growing. In addition, studies are needed that relate the laws governing gun possession, the impact on self-defense and the reality in which the Brazilian population is inserted. In order to deepen the subject, this paper aims to analyze the impact generated by the Disarmament Statute in the face of the citizen's right of self-defense, through a constitutional reading regarding Law No. 10.826 / 03 and the right of the individual to possess and bear a firearm in order to guarantee him his right of self-defense. The Disarmament Statute had been approved by the National Congress to reduce crime rates, particularly firearm-related homicides, by banning gun ownership, drastically limiting the manufacture, trade and use of guns. However, firefighting did not envision a range of fundamental rights expressed in the Federal Constitution of 1988, especially regarding the right to self-defense. Although this topic has not received due attention in recent years, Bill No. 3,722 / 2012, by Mr. Rogério Peninha Mendonça, brings up the discussion about the citizen's right to own a gun. This study will be a hypothetical-deductive method. The research is exploratory, through doctrinal sources, legislative documents, scientific articles specific to the area, homicide rate matching tables, as well as case law and relevant legislation.