Rio de Janeiro’s municipal guard will continue to work without carrying lethal weapons. The decision was made by the Rio’s Court of Justice Special Body, which last week judged constitutional a provision of the city’s Organic Law that prohibits the use of firearms. The corporation, however, will continue to be authorized to use non-lethal equipment, such as stun guns.
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The decision
In his vote, the judge-rapporteur Celso Ferreria Filho agreed with the thesis that the issue of whether or not to arm the guard is of local interest. And he recalled that another law also approved in the Chamber of Rio prohibited the manufacture and sale of weapons in the city, was considered constitutional.
History
The action had been in progress since last year (2022), when the National PSD, party of Mayor Eduardo Paes filed a representation questioning the veto. The PSD went to court at the request of then-federal deputy and former councilor Jones Moura. Licensed municipal guard and former councilor, Moura is the author of a bill to amend the Organic Law of Rio that also removes the ban. At the time, the PSD argued that the device violated the exclusive competence of the Union, to legislate on war material and the carrying of firearms. And that, in addition, by prohibiting the carrying of weapons, the city hall would also have legislated on private matters of the Union to legislate on criminal and labor law and the regulation of professions.
Our Analysis:
The initiative to provide firearms to municipal guards is a controversial issue that has divided opinions in the municipalities. Some specialists understand that weapons are necessary to face the daily violence and criminality in the city. Other public security scholars believe that, if permission were given for the use of firearms, agents would have to go through a qualification and training process, and that armed guards could generate instability in Rio’s security. Furthermore, there is the possibility of diversion of weapons and of some agents working in parallel for organized crime.
