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Brazilian Federal Supreme Court (STF) considers that the law on use of low ofensive potential weapons by public security agents is constitutional

The Plenary of the Brazilian Federal Supreme Court concluded the trial of the Action for the Declaration of Unconstitutionality (ADI) 5243 at session on Thursday (11) and ruled constitutional the Federal Law 13,060 / 2014, which disciplines the use of non-lethal weapons by agents of public security throughout the country. The vote of the Justice Edson Fachin, who understands that the objective of the law is the guarantee of the right to life, prevailed.

Low offensive potential

Federal Senate's Law 13,060 / 2014 mandates that public safety agencies prioritize the use of instruments of low offensive potential in situations where the physical or mental integrity of the policemen is not at risk, and classifies as "illegitimate" the use of firearms against an unarmed hit-and-run person and a vehicle that disrespects police blockade on the public highway, "except when they represent a risk of death or injury to agents or third parties." It also determines that in case of injury by the use of force of the agents, help and notification to the victim's family must be offered and guaranteed.

Competence Invasion

The Social Liberal Party (PSL), the author of ADI 5243, argued, among other arguments, that devices that restrict the use of firearms would violate the State's duty to preserve public order and the safety of people and property, and also invert the principles of reasonableness and proportionality in the performance of security agents, by penalizing them and ignoring self-defense."


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