HomeBRAZILSTF RESTRICTS ACCESS TO FIREARMS DUE TO POLITICAL VIOLENCE

STF RESTRICTS ACCESS TO FIREARMS DUE TO POLITICAL VIOLENCE

On Monday (05/09), Supreme Court (STF) Minister Edson Fachin granted three injunctions (provisional decisions) that restrict the effects of decrees issued by President Jair Bolsonaro that facilitate the purchase of firearms and ammunition, and possession of weapons in the country.

Already Under Analysis

The decrees were already being analyzed by the Supreme but had the judgment suspended in 2021, after a request for a view from Minister Nunes Marques, one of Bolsonaro’s nominees to the Court.

The Provisional Decisions

Fachin’s decisions were made in parallel orders. He claimed urgency provoked by the election which, he says, “exaggerates the risk of political violence”. In the decisions, Fachin determines that:

  • Possession of firearms can only be authorized to persons who concretely demonstrate, for professional or personal reasons, that they have a real need
  • The acquisition of firearms of restricted use can only be authorized in the interests of public security or national defense, not because of personal interest
  • The quantities of ammunition that can be purchased are limited to what, in a diligent and proportional manner, guarantees only what is necessary for the safety of citizens

More Incidents of Political Violence Emerge Across the Country

Fachin’s decision takes place amid another series of incidents of political violence. On Wednesday (07/09), a supporter of President Jair Bolsonaro assassinated a man who defended former President Luiz Inácio Lula da Silva, in the rural area of Confresa city, in Mato Grosso state. Benedito Cardoso dos Santos, 42, and the suspect, Rafael Silva de Oliveira, 24, were arguing over politics and the confusion ended with Benedito’s death.

On Friday (09/09), a second incident was reported. A Bolsonaro supporter, Rodrigo Duarte, who was candidate for councilor in the 2020 elections for the PRTB, was punched by a supporter of presidential candidate Luiz Inácio Lula da Silva, after causing a tumult at the presidential event door. Hours before the start of the act that takes place at Clube Tamoio, in the Ze Garoto neighborhood, in São Gonçalo, Duarte appeared driving a car with stickers with photos of Lula arrested, and with campaign stickers of Federal Deputy Carlos Jordy and the son of mayor of the city, Douglas Ruas.

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