SIZE Diminuir tamanho da fonte Aumentar tamanho da fonte
Highlights Print

Preliminary injunction authorizes firearm licence for all municipal guards

Justice Alexandre de Moraes of the Brazilian Federal Supreme Court (STF), granted a preliminary injunction in the Direct Action for the Declaration of Unconstitutionality (ADI) 5948 to authorize suspending the effects of an excerpt from Law 10826/2003 (Disarmament Statute), which prohibits the firearm licence for members of municipal guards of municipalities with less than 50 thousand inhabitants and allows the possession of a gun while working in municipalities that have between 50 thousand and 500 thousand inhabitants. Based on the principles of isonomy and reasonableness, the judge-rapporteur said that all members of the civilian guards should be given the same possibility of carrying firearms,bearing in mind their effective participation in public safety and the existence of similarity in the violent death rates in various municipalities.

The lawsuit was filed by the political party "Democratas", that claims that the norm provided unequal and discriminatory treatment among the various municipalities of Brazil, in a clear violation of the constitutional principles of equality and municipal autonomy.

Read more

Contact us
Praça dos Três Poderes - Brasília - DF - Brazil - Zip Code 70175-900 Phone: 55.61.3217.3000