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Summary

In Brazil, the federal government has the power to legislate on issues related to firearms.  The handling, trading, or possession of materials for the production of weapons without a license is criminalized.  It is also a crime to expose a child or adolescent to firearms.  In 2003, a more rigid federal law was enacted to regulate the registration, possession, and sale of firearms and ammunition.  This law defines crimes involving firearms and fosters the disarmament of the society.

Legal Framework

In Brazil, the production of armaments (material bélico) and the arms trade are regulated by the federal government.  The Penal Code criminalizes conduct involving, inter alia, the handling of materials for the production of arms devices, while the Statute of the Child and Adolescent punishes those who expose a child or adolescent to a firearm or explosive.

In an attempt to decrease crimes involving firearms, Brazil promulgated Law No. 10,826, the Disarmament Statute (Estatuto do Desarmamento), on December 22, 2003.  This Law contains more rigid criteria for the control of firearms. 

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Constitutional Principle

Article 21(VI) of the Constitution determines that the federal government (União)  has the power to authorize and supervise the production and trade of armaments.[1]

Penal Code

The Penal Code criminalizes the production, supply, acquisition, possession, or transportation, without a license, of explosive substances or devices, toxic or asphyxiating gas, or material for their production.[2]  The punishment for violation of this provision consists of six months to two years of detention[3] and a fine.

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Child and Adolescent Statute

In 1990, Brazil enacted the Child and Adolescent Statute through Law No. 8,069 of July 13, which provides for the full protection of the child and the adolescent.[4]  For the purposes of the law, a child is considered to be a person less than twelve years of age, while an adolescent is a person between twelve and eighteen years of age.[5]  In some exceptional cases foreseen in the statute, it also applies to persons between the ages of eighteen and twenty-one.

In regard to firearms, the statute punishes with imprisonment[6] of three to six years anyone who sells, supplies, or hands firearms, ammunition, or explosives to a child or adolescent.[7]

For criminal purposes, the Brazilian Penal Code dictates that minors under eighteen years of age are not criminally chargeable but are subject to the rules established in special legislation.[8]

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Disarmament Statute

Law No. 10,826 of December 22, 2003, the Disarmament Statute, regulates the registration, possession, and sale of firearms and ammunition; determines the responsibilities of the National Arms System; and defines crimes that involve the unauthorized possession, carrying, trade, and international trafficking of firearms.[9]

This Law revoked and replaced Law No. 9,437 of February 20, 1997, which had created the National Arms System (Sistema Nacional de Armas—SINARM), established the conditions for the registration and possession of firearms, and defined crimes involving firearms.

         National Arms System

Pursuant to article 1 of Law No. 10,826, SINARM was established under the Ministry of Justice and subordinated to the Federal Police. Its jurisdiction extends over the whole country.[10

Article 2 of Law No. 10,826 confers SINARM with the authority

I. to identify the characteristics and proprieties of firearms in the process of registering them;

II. to register all firearms manufactured, imported, and sold in the country;

III. to register all authorizations to carry firearms and renewals issued by the Federal Police;

IV. to register transfers of property, loss, theft, robbery, and other events likely to change
the registration data, including those resulting from closure of companies involved in
private security and transportation of valuables;

V. to identify modifications that alter the characteristics or performance of a firearm;

VI. to incorporate the existing police records into the SINARM register;

VII. to register seizures of firearms, including those involving police and court procedures;

VIII. to register gunsmiths operating in the country and grant licenses to perform this work;

IX. to register authorized producers, wholesalers, retailers, exporters, and importers of
firearms, accessories, and ammunition;

X. to register the identification of the gun barrel, along with the characteristics of rifling
impressions and microgrooves produced when a projectile is fired, according to the
required marking and testing performed by the manufacturer;

XI. to communicate to the Secretariats of Public Security of the States and of the Federal
District the records and authorizations to carry firearms in their respective territories, and
to keep the records updated for consultation.

The provisions of article 2 of the Law do not apply to the firearms of the Armed and Auxiliary Forces or to firearms that are already registered with the proper authorities.[11]

         Registration and Acquisition of a Firearm

Registration of a firearm with the responsible authority is mandatory.[12]  Restricted firearms[13] must be registered with the Army Command in accordance with the regulations of the Law.[14]

To acquire a permitted firearm[15] a person must, in addition to stating the actual need for acquiring the firearm, present[16]

I. evidence of suitability, through the submission of records that indicate no prior criminal
activities provided by Federal, State, Military, and Electoral tribunals and that one has not
been  subject to police investigation or criminal prosecution, which may be provided by
electronic means;

II. documentary evidence of lawful occupancy and place of residence;

III. evidence of technical capacity and psychological ability to handle firearms, attested in
the manner provided for in the regulations of Law No. 10,826.[17]

After all the established requirements are met by the person interested in acquiring a firearm, SINARM will then issue a non-transferable authorization to purchase a firearm in the name of the applicant and for the weapon indicated in the application.[18]  Only ammunition corresponding to the caliber of the registered gun may be acquired, and that in the quantity established in the regulations of the Law.[19]  It is mandatory for the company selling the firearms to report the sale to the responsible authority and maintain a database containing all the features of the gun being sold, along with copies of the documents mentioned in article 4 of the Law.[20]

A company that sells firearms, accessories, and ammunition is legally responsible for them, and they must be registered as the company’s property until they are sold.[21]  The trade of firearms, accessories, and ammunition between individuals is only permitted upon authorization by SINARM.[22] The authorization referred to in article 4(§1) of the Law must be granted or denied, with the supporting reasons, within thirty business days from the date of the applicant’s request.[23]

The registration certificate of a firearm, which is valid throughout the national territory, authorizes its owner to keep the firearm exclusively inside his residence or domicile, or at his workplace, as long as he is the owner of or legally responsible for the establishment or company.[24]  The firearms registration certificate must be issued by the Federal Police and

preceded by an authorization issued by SINARM.[25]  A firearm registration certificate must be renewed every three years, renewal being contingent upon satisfying the requirements enumerated in sections I, II and III of article 4 of the Law.[26]

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        The Carrying of Firearms

The carrying of firearms is prohibited throughout the national territory, except in the cases provided for in specific legislation[27] and with regard to

I. members of the Armed Forces;

II. members of the bodies listed at the beginning of article 144 of the Federal Constitution;[28]

III. members of the municipal guard of the capitals of states and municipalities with more
than 500,000 people, under the conditions established in the regulation of Law No. 10,826;

IV. members of the municipal guard of municipalities with more than 50,000 and less than
500,000 people, while in service;

V. agents of the Brazilian Intelligence Agency and agents of the Department of Homeland
Security Office of the Institutional Security of the Presidency;

VI. members of law enforcement agencies referred to in articles 51(IV) and 52(XIII) of
the Federal Constitution;

VII. members of the permanent staff of officers and prison guards, prison escort guards,
and port guards;

VIII. companies involved in private security and transportation of valuables as established
in Law No. 10,826;

IX. members of legally constituted bodies of sport, whose sports demand the use of firearms,
according to the regulation of Law No. 10,826, observing, as applicable, environmental laws;

X. career members of the Federal Internal Revenue Audit Office (Auditoria da Receita
Federal do Brasil) and Audit Labor Office (Auditoria-Fiscal do Trabalho) and Tax
Auditors (Auditor-Fiscal) and Tax Analysts (Analista Tributário);

XI. tribunals of the judiciary branch as described in article 92 of the Federal Constitution and
the Public Prosecutor’s Office of the Union (Ministério Público da União) and the Public
Prosecutor’s Office of the States (Ministério Público Estadual), for the exclusive use of its
personnel that are effectively exercising security functions, in the form of regulation to be
issued by the National Council of Justice (Conselho Nacional de Justiça—CNJ) and the
National Council of the Public Prosecutor’s Office (Conselho Nacional do Ministério Público
—CNMP).

The persons mentioned in items I, II, III, V, and VI of article 6 of Law No. 10,826 are entitled to carry firearms, be they privately owned or provided by their corporation or institution, even off duty, in accordance with the regulation of Law No. 10,826.  The authorization is valid nationwide to those persons listed in items I, II, V, and VI of the Law.[29]

Residents in rural areas who are twenty-five years old and prove that they depend on the use of firearms to provide food subsistence for their families may be authorized by the Federal Police to carry a permitted firearm.  The authorization is issued in the category of subsistence hunter for a singe-shot firearm of permitted use, with one or two barrels, a smooth bore, and a caliber equal to or lower than sixteen.[30]

A subsistence hunter who makes another use of the firearm, regardless of other criminal violations, will be charged, as appropriate, for illegal possession of a firearm or illegal shooting of a permitted firearm.[31]

In exceptional cases, upon authorization by SINARM, the Federal Police may grant a temporary and territorially limited authorization to carry a permitted firearm provided that the applicant demonstrates it is needed for the effective exercise of a professional activity involving a risk or threat to the applicant’s physical integrity, meets the requirements of article 4 of Law Na. 10,826, and presents documentation proving ownership of a firearm and its registration with the appropriate authority.[32]

The authorization to carry a firearm provided for in article 6 of the Law is automatically revoked if the authorized person is detained while intoxicated or under the influence of chemical substances or hallucinogens.[33]

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        Regularization Fees

Article 11 of Law No. 10,826 lists the services that are subject to a fee, in the amounts listed in the Annex of the Law, relating to

  1. registration of firearms;
  2. renewal of registration certificate of a firearm;
  3. issuance of a duplicate registration certificate of a firearm;
  4. issuance of a federal authorization to carry a firearm;
  5. renewal of an authorization to carry a firearm;
  6. issuance of a duplicate authorization to carry a firearm.[34]

        Criminalization

For a person to own or possess permitted firearms, accessories, or ammunition in violation of the law or regulation, within his or her residence or a part adjacent to it, or at his or her workplace, when he or she is the owner or the one responsible for the company, is considered a crime and punishable with detention of one to three years and a fine.[35]

The failure of the owner or possessor of a firearm to observe the precautions necessary to prevent a person who is under eighteen years of age or mentally disabled from getting hold of the firearm is punishable with detention of one to two years and a fine.[36]  The same penalties are applicable to the owner or director of a company involved in private security and transportation of valuables who fails to register a police report and notify the Federal Police of the mislaying, theft or loss of firearms, accessories, or ammunition that are under the company’s custody, within the first twenty-four hours after the fact.[37]

The carrying, holding, acquiring, supplying, receiving, keeping in deposit, transporting, giving away, lending, sending, having custody of, or concealing of permitted firearms, accessories, or ammunition without authorization and in violation of a law or regulation is punishable with imprisonment of two to four years and a fine.[38]  The posting of bail for such offense is not permitted, except if the firearm is registered in the name of the offending person.[39]

Whoever shoots a firearm or triggers ammunition in an inhabited place or its vicinity, in the street, or towards the street without intent to perpetrate another crime is also subject to imprisonment for two to four years and a fine.[40]  The posting of bail for such offense is not permitted.[41]

The owning, carrying, holding, acquiring, supplying, receiving, keeping in deposit, transporting, giving away, lending, sending, having custody of, or concealing prohibited or restricted firearms, accessories, or ammunition, without authorization and in violation of a law or regulation, is punishable with imprisonment of three to six years and a fine.[42]

The same penalties are applicable to a person who

I.suppresses or changes the characteristic marking, number, or any identification signal of a firearm or device;

II. modifies the characteristics of a firearm in order to make it equivalent to a prohibited or restricted firearm
for the purpose of hindering or otherwise misleading police, experts, or judges;

III. owns, manufactures, or uses explosive or incendiary devices, without authorization or in violation of a law
or regulation;

IV. carries, possesses, purchases, transports, or delivers a firearm which has had its number, marking, or
other identifying signal scraped, deleted, or tampered with;

V. sells, delivers, or supplies, even gratuitously, firearms, accessories, ammunition, or explosives to a child
or adolescent; and

VI. produces, recharges, or recycles, without legal authorization, or tampers in any way with ammunition or
explosives.[43]

The acquiring, leasing, receiving, transporting, carrying, concealing, keeping in deposit, disassembling, assembling, reassembling, tampering with, selling, displaying for sale, or otherwise using of firearms, accessories, or ammunition, for one’s own benefit or the benefit of a third party, in the course of trade or industrial activity, without authorization or in violation of a law or regulation, is punishable with four to eight years of  imprisonment and a fine.[44]

For the purposes of article 17 of Law No. 10,826, any form of service, manufacture, or irregular or clandestine trade, including that practiced in one’s residence, is considered commercial or industrial activity.[45]

Importing, exporting, or promoting the entry or exit of firearms, accessories or ammunition into or out of the national territory, without authorization of the responsible authority, is punishable with four to eight years of imprisonment and a fine.[46]

For the crimes set forth in articles 17 and 18 of Law No. 10,826, the penalty is increased by half for prohibited or restricted firearms or accessories.[47]

For the crimes set forth in articles 14, 15, 16, 17, and 18 of the Law, the penalty is increased by half if they are committed by a member of the bodies or companies referred to in articles 6, 7, and 8 of the Law.[48]

Parole (liberdade provisória) is not granted for the crimes set forth in articles 16, 17, and 18 of the Law.[49]

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        Restricted and Permitted Firearms

Decree No. 3,665 of November 20, 2000, defines restricted and permitted firearms, ammunition, and equipment.[50]

According to article 16, the following are subject to restricted use:[51

I. weapons, ammunition, equipment, and accessories that have some of the characteristics of
the armaments used by the national armed forces with respect to their tactical, strategic, and
technical use;

II. weapons, ammunition, accessories, and equipment that are not identical or similar to the
armaments used by the national armed forces but have characteristics that make them suitable
only for military or law-enforcement use;

III. short firearms, the common ammunition for which has, on exiting the barrel, an energy
higher than three hundred foot-pounds or four hundred seven Joules—ammunition such
as the .357 Magnum, 9 Luger, .38 Super Auto, .40 S&W, .44 SPL, .44 Magnum, .45
Colt and .45 Auto;

IV. long striped firearms, the common ammunition for which has, on exiting the barrel, an
energy higher than one thousand foot-pounds or one thousand three hundred fifty-five Joules
—ammunition such as the .22-250, .223 Remington, .243 Winchester, .270 Winchester,
7 Mauser, .30-06, .308 Winchester, 7.62 x 39, .357 Magnum, .375 Winchester and .44
Magnum;

V. automatic firearms of any caliber;

VI. smooth bore firearms with a caliber of twelve or higher and with a barrel length shorter
than twenty-four inches or six hundred and ten millimeters;

VII. smooth bore firearms with a caliber higher than twelve, and their ammunition;

VIII. air guns operated by compressed gas or spring action, with a caliber higher than six
millimeters, which shoot projectiles of any kind;

IX. disguised firearms, which are characterized as devices that look like harmless objects
but hide a weapon, such as a pistol-cane, revolver-pen, and the like;

X. a compressed air gun imitating an Fz 7.62 mm, M964, FAL;

XI.weapons and devices that launch chemical warfare agents or aggressive gas, and
their ammunition;

XII. devices that are accessories of weapons and are designed to impede locating
the gun, such as silencers, flash suppressors, and others, which serve to muffle the

XIII. explosion or the flash of the shot, as well as devices that modify the conditions of
use, such as nozzles, grenade launchers, and others;

XIV. ammunition or pyrotechnic devices or similar devices that can cause fires or explosions;

XV. ammunition with projectiles that contain aggressive chemical elements whose effects on
the person hit greatly increase the damage, such as explosive or poisonous projectiles;

XVI. swords and rapiers used by the Armed Forces and Auxiliary Forces;

XVII. night vision equipment, such as goggles, periscopes, telescopes, etc.;

XVIII. optical aiming devices with magnification equal to or greater than six times or a lens
diameter that is equal to or greater than thirty-six millimeters;

XIX. aiming devices that use light or other means to mark the target;

XX. ballistic armor for restricted ammunition;

XXI. ballistic equipment for protection against restricted portable firearms, such as vests,
shields, helmets, etc.; and

XXII. armored vehicles for civilian or military use.

Article 17 of Decree No. 3,665 defines permitted firearms, ammunition, and equipment as[52]

I. short, repeating, or semiautomatic firearms, the common ammunition for which has, on exiting
the barrel, an energy of up to three hundred foot-pounds or four hundred seven Joules—ammunition
such as the .22 LR, .25 Auto, .32 Auto, .32 S&W, .38 SPL and .380 Auto;

II. long striped, repeating, or semiautomatic firearms, the common ammunition for which has, on
exiting the barrel, a maximum energy of one thousand pounds or one thousand three hundred fifty-
five Joules—ammunition such as the .22 LR, .32-20, .38-40 and .44-40;

III. smooth bore, repeating, or semiautomatic firearms with a caliber of twelve or lower and with
a barrel length equal to or greater than twenty-four inches or six hundred ten millimeters; firearms
with a smaller caliber, with any barrel length; and their permitted ammunition.

IV. air guns operated by compressed gas or spring action, with a caliber equal to or less than six
millimeters, and their permitted ammunition;

V. weapons whose purpose is to start sports competitions and that exclusively use cartridges
containing gunpowder;

VI. weapons for industrial use or that use anesthetic projectiles for veterinary purposes;

VII. optical aiming devices with a magnification of less than six times or lens diameter less
than thirty-six millimeters;

VIII. cartridges that are empty, or semi- or fully loaded with lead granules, known as
“hunting cartridges,” to be used by smooth bore firearms of permitted caliber;

IX. ballistic armor for permitted ammunition;

X. ballistic equipment for protection against permitted firearms, such as vests, shields,
helmets, etc.; and

XI. armored passenger vehicles.

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        General Provisions

The manufacture, sale, trade, and importation of toys, replicas, and imitation firearms that could be confused for real firearms are prohibited.[53]  Exceptions to the ban apply to the acquisition of replicas and imitations intended for instruction, training, or collection by authorized users under the conditions established by the Army Command.[54]

Persons under twenty-five years of age are prohibited from acquiring firearms, except members of the entities listed in items I, II, III, V, VI, VII, and X of article 6 of Law No. 10.826.[55]

Possessors and owners of firearms acquired regularly may at any time turn them in to the Federal Police, in return for a receipt and indemnity, according to the regulations of the Law.[56]

With regard to the irregular possession of the firearms, possessors and owners of such firearms may turn them in voluntarily in return for a receipt and, assuming good faith, they will be compensated in the manner established in the regulations of the Law and absolved from punishment.[57]

A fine of R$100.000,00 (US$50,000.00) to R$300.000,00 (US$150,000.00) is imposed, according to the regulations of Law No. 10,826, on

I. an airline, road, rail, sea, river or lake transportation company that deliberately, by any means, makes,
promotes, facilitates, or enables the transport of arms or ammunition without proper authorization or in
violation of safety standards;

II. a company producing firearms or in the firearms business that advertises their sale, encouraging
their indiscriminate use, except in specialized publications.[58]

Promoters of indoor events with more than one thousand people must adopt, under risk of liability, the necessary measures to prevent the entry of armed persons, except in those events guaranteed by section VI of article 5 of the Federal Constitution.[59]

Companies that provide international and interstate transportation service must take the necessary measures to prevent armed passengers from boarding.[60]

        Referendum on Firearms and Ammunition Trade

Article 35 of the Disarmament Statute prohibited the trade of firearms and ammunition throughout the national territory, except for the entities referred to in article 6 of the Law,[61] provided that this provision was approved by a popular referendum to be conducted in 2005.[62]

On October 23, 2005, a referendum on prohibiting the trade of firearms and ammunition throughout the national territory was held, and the proposal was rejected by 63.94% of the voters.[63]

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Disarmament Campaign

To further encourage the disarmament of the population, the government has promoted disarmament campaigns under the authority of Decree No. 5,123 of July 1, 2004, which charges the Ministry of Justice with the responsibility for establishing the procedures necessary to carry out disarmament campaigns and designates the Federal Police as the organ in charge of the regularization of firearms.[64]

To this effect, the government also maintains a website that explains the National Disarmament Campaign.  According to the website,

[t]he National Disarmament Campaign seeks to mobilize the Brazilian society to withdraw the largest possible number
of firearms from circulation.  The voluntary surrender of weapons by citizens is provided for in the Disarmament Statute
and can be carried out at more than 2,000 collection points throughout Brazil.  Beyond the collection of firearms, the
campaign aims to raise awareness of the risks of having a firearm.  Through the slogan “Protect Your Family.  Disarm
Yourself.”, the campaign makes an emotional appeal, with statements based on real cases of parents who lost children
in accidents or fights; ordinary situations that, with a gun, can become fatal.

Studies such as the Map of Violence, released in February 2012 by the Ministry of Justice, show a decrease in violence and a drop in homicide rates during the period of previous campaigns.  Therefore, the measure has proven to be effective and fulfills the determination of the Disarmament Statute.[65]

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Study on the Impact of the Disarmament Statute

In March 2012, the Applied Economic Research Institute (Instituto de Pesquisa Econômica Aplicada, IPEA)[66] published a study, Menos Armas, Menos Crimes (Fewer Arms, Fewer Crimes),[67] regarding the relationship between firearms and criminality.[68]

The study begins by observing that after an increase in the occurrence of violent crimes in the United States in the second half of the 1980s, the debate regarding the role of firearms intensified.  Many articles have been published asserting that more firearms results in more crime.  Others argue that more firearms lead to less crime.  Despite the profusion of such articles, for various reasons, including methodology, a consensus has yet to be reached on the causal effect of firearms on increased criminality.[69]

The analysis developed in the IPEA study uses information from all 645 municipalities of the state of São Paulo[70] between the years 2001 and 2007, a period in which there was a 60.1% reduction in the number of homicides in these cities, making the state of São Paulo (alongside New York and Bogotá) one of the most successful international examples of cities showing a decrease in violent crime over a relatively short period of time.[71]

An opportunity to identify the desired causal effect of firearms on crime appeared when the Disarmament Statute was enacted in 2003, which substantially restricted the ability of a citizen to have access to firearms, increased the cost of acquiring and registering a firearm, and substantially increased the expected cost for an individual to travel on public roads carrying a firearm in an irregular situation.[72]

Based on the method developed in the study, two hypotheses were tested.  The first was whether the availability of guns increases violent crimes, and the second, whether the availability of guns reduces crime against property.  For this purpose, data from the Mortality Information System of the Ministry of Health and from the State Secretariat of Public Safety of the State of São Paulo were used.  The following incidents were analyzed: intentional homicide, death by aggression, death by firearm, aggravated assault, robbery (latrocínio), car theft, and offenses involving illicit drugs.[73]

The data when analyzed revealed that, during the period under study, there was actually a decrease in the prevalence of firearms in the state of São Paulo.[74]  The disarmament produced the significant effect of reducing lethal crimes, but had no significant impact on crimes against property.  According to the study, this indirectly implies that the possibility of a potential victim being armed has no deterrent effect on the perpetration of the crime.[75]  The study concluded that, apparently, with fewer guns there is less crime.[76]

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Bill Amending Disarmament Statute Vetoed

On January 10, 2013, Brazilian President Dilma Roussef vetoed a bill[77] that would have amended article 6(§1) of the Disarmament Statute, which currently authorizes only certain categories of professionals, as listed in the article, to carry firearms when off duty.  The bill would have extended such authorization to prison agents, prison guards, prison escort guards, and port guards.

According to the President’s veto message, “expanding the authorization to carry firearms when off duty to the professionals listed in section VII of article 6 of Law No. 10,826 implies a larger number of firearms in circulation, which goes against the national policy to combat violence and against the Disarmament Statute.”[78]

Prepared by Eduardo Soares
Senior Foreign Law Specialist
February 2013

 

  1. Constituição Federal [C.F.], art. 21(VI), http://www.planalto.gov.br/ccivil_03/Constituicao/Constituicao.htm. [Back to Text]
  2. Id. art. 253. [Back to Text]
  3. Article 33 of the Brazilian Penal Code determines that a detention sentence must be served in a semiopen or open regime, except where there is a need for a transfer to a closed regime.  Código Penal [C.P.], Decreto-Lei No. 2.848, de 7 de dezembro de 1940, art. 33, http://www.planalto.gov.br/ccivil_03/Decreto-Lei/Del2848compilado.htm. [Back to Text]
  4. Estatuto da Criança e do Adolescente [E.C.A.], Lei No. 8.069 de 13 de Julho de 1990, art. 1, http://www.planalto.gov.br/ccivil_03/Leis/L8069.htm. [Back to Text]
  5. Id. art. 2. [Back to Text]
  6. A sentence of imprisonment (reclusão) must be served in a closed, semiopen, or open regime.  Id. art. 33. [Back to Text]
  7. E.C.A. art. 242. [Back to Text]
  8. C.P. art. 27. [Back to Text]
  9. Lei No. 10.826, de 22 de dezembro de 2003, art. 1, http://www.planalto.gov.br/ccivil_03/Leis/2003/ L10.826compilado.htm. [Back to Text]
  10. Id. art. 1. [Back to Text]
  11. Id. art. 2 (sole para.). [Back to Text]
  12. Id. art. 3. [Back to Text]
  13. Article 11 of Decree No. 5,123 of July 1, 2004, defines restricted firearms as those whose use is exclusively for the armed forces, public security institutions, and qualified individuals and corporations, duly authorized by the Army Command, in accordance with specific legislation.  Decreto No. 5.123 de 1 de julho de 2004, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/D5123.htm. [Back to Text]
  14. Lei No. 10,826 art. 3 (sole para.).  For more information on registration of restricted firearms see article 18 of Decree No. 5,123 of July 1, 2004, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/ D5123.htm.  [Back to Text]
  15. Article 10 of Decree No. 5,123 of July 1, 2004, defines a permitted firearm as one whose use is authorized for individuals as well as corporations, in accordance with the norms of the Army Command and the conditions established in Law No. 10,826 of December 22, 2003.  Decreto No. 5.123 de 1 de julho de 2004, art. 10, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/D5123.htm. [Back to Text]
  16. Lei No. 10,826, art. 4. [Back to Text]
  17. For more information on evidence of technical capacity and psychological ability for handling firearms, see article 12(§3) of Decree No. 5,123 of July 1, 2004, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/ 2004/Decreto/D5123.htm. [Back to Text]
  18. Lei No. 10,826, art. 4(§1). [Back to Text]
  19. Id. art. 4(§2).  Article 21(§2) of Decree No. 5,123 of July 1, 2004, determines that the amount of ammunition and number of accessories that every owner of a firearm may purchase will be determined through an administrative act (Portaria) issued by the Ministry of Defense, after consultation with the Ministry of Justice. Administrative Act No. 1,811 issued by the Ministry of Defense on December 18, 2006, establishes the maximum annual quantity of permitted ammunition of the same caliber that a citizen can acquire in specialty stores to keep and stock as fifty units.  Portaria Normativa No. 1.811, de 18 de dezembro de 2006, art. 1, https://www. defesa.gov.br/sistemas/bdlegis/dados_norma.php?numero=1811&ano=2006&serie=A. [Back to Text]
  20. Lei No. 10,826, art. 4(§3). [Back to Text]
  21. Id. art. 4(§4). [Back to Text]
  22. Id. art. 4(§5). [Back to Text]
  23. Id. art. 4(§6). [Back to Text]
  24. Id. art. 5. [Back to Text]
  25. Id. art. 5(§1). [Back to Text]
  26. Id. art. 5(§2). [Back to Text]
  27. Id. art. 6. [Back to Text]
  28. Article 144 of the Constitution determines that public security is a duty of the State and the right and responsibility of all persons.  It is exercised for the preservation of public order and the security of persons and property, through the federal police, federal highway police, federal railway police, civil police, military police, and military fire brigades.  C.F. art. 144. [Back to Text]
  29. Lei No. 10.826, de 22 de dezembro de 2003, art. 6(§1). [Back to Text]
  30. Id. art. 6(§5). [Back to Text]
  31. Id. art. 6(§6). [Back to Text]
  32.  Id. art. 10. [Back to Text]
  33. Id. art. 10(§2). [Back to Text]
  34. Id. art. 11. [Back to Text]
  35. Id. art. 12. [Back to Text]
  36. Id. art. 13. [Back to Text]
  37. Id. art. 13 (sole para.). [Back to Text]
  38. Id. art. 14. [Back to Text]
  39. Id. art. 14 (sole para.). [Back to Text]
  40. Id. art. 15. [Back to Text]
  41. Id. art. 15 (sole para.). [Back to Text]
  42. Id. art. 16. [Back to Text]
  43. Id. art. 16 (sole para.). [Back to Text]
  44. Id. art. 17. [Back to Text]
  45. Id. art. 17 (sole para.). [Back to Text]
  46. Id. art. 18. [Back to Text]
  47. Id. art. 19. [Back to Text]
  48. Id. art. 20. [Back to Text]
  49. Id. art. 21. [Back to Text]
  50. Decreto No. 3.665, de 20 de Novembro de 2000, art. 15, http://www.planalto.gov.br/ccivil_03/ decreto/D3665.htm. [Back to Text]
  51. Id. art. 16. [Back to Text]
  52. Id. art. 17. [Back to Text]
  53. Lei No. 10.826, de 22 de dezembro de 2003, art. 26. [Back to Text]
  54. Id. art. 26 (sole para.). [Back to Text]
  55. Id. art. 28. [Back to Text]
  56. Id. art. 31.  Article 70 of Decree No. 5,123 of July 1, 2004, determines that firearms, accessories, and ammunition, as mentioned in articles 31 and 32 of Law No. 10.826 of December 22, 2003, must be turned in to the Federal Police or to organs or entities accredited by the Ministry of Justice.  Administrative Act (Portaria) No. 797, issued by the Ministry of Justice on May 5, 2011, establishes the procedures for turning in firearms, accessories, or ammunition and the indemnification provided for in articles 31 and 32 of Law No. 10,826, of December 22, 2003.  Annex I of the Administrative Act defines the indemnification amounts, which range from R$100,00 (US$50.00) to R$300,00 (US$150.00), depending on the type of firearm.  Portaria No. 797 de 5 de maio de 2001, Polícia Federal, http://www.dpf.gov.br/servicos/armas/anexos/portaria-797-2011-mj. [Back to Text]
  57. Lei No. 10.826, de 22 de dezembro de 2003, art. 32. [Back to Text]
  58. Id. art. 33. [Back to Text]
  59. Id. art. 34.  Article 5(VI) of the Constitution determines that everyone is equal before the law, with no distinction whatsoever, guaranteeing to Brazilians and foreigners residing in the Country the inviolability of the rights to life, liberty, equality, security, and property.  Freedom of conscience and belief are also inviolable, free exercise of religious beliefs is assured, and protection of places of worship and their rites is guaranteed under the law. [Back to Text]
  60. Id. art. 34 (sole para.). [Back to Text]
  61. Id. art. 35. [Back to Text]
  62. Id. art. 35(§1). Article 14(II) of the Constitution determines that popular sovereignty must be exercised by universal suffrage, and by direct and secret vote, with equal value for all, and, as provided by law, by referendum. [Back to Text]
  63. Referendo—proibição do comércio de armas de fogo e munição—23 de outubro de 2005, Tribunal Superior Eleitoral, http://www.tse.jus.br/eleitor/glossario/termos/referendo. [Back to Text]
  64. Decreto No. 5.123 de 1 de julho de 2004, art. 70-G, https://www.planalto.gov.br/ccivil_03/_Ato2004-2006/2004/Decreto/D5123.htm. [Back to Text]
  65. Conheça a Campanha, Campanha Nacional do Desarmamento, http://www.entreguesuaarma.gov. br/desarmamento/categoria/conheca-a-campanha-2012/ (last visited Jan. 30, 2013). [Back to Text]
  66. The Institute of Applied Economic Research (IPEA) is a federal public foundation under the Secretariat of Strategic Affairs of the Presidency of the Republic.  Its research activities provide technical and institutional support to government actions for the formulation and reformulation of policies and development programs.  O Ipea – Quem Somos, IPEA, http://www.ipea.gov.br/portal/index.php? option=com_content&view=article&id=1226&Itemid=68 (last visited Jan. 30, 2013). [Back to Text]
  67. Daniel Ricardo de Castro Cerqueira & João Manoel Pinho de Mello, Menos Armas, Menos Crimes (IPEA, Mar. 2012), http://www.ipea.gov.br/portal/images/stories/PDFs/TDs/td_1721.pdf. [Back to Text]
  68. According to the IPEA, the purpose of the publication is the dissemination of results of studies directly or indirectly developed by the IPEA, which, because of its importance, provides specialized professionals with information and creates a space for debate.  The opinions expressed in the publication are the sole and entire responsibility of the author(s), and do not necessarily express the views of the IPEA or the Secretariat of Strategic Affairs of the Presidency of the Republic.  Id.at 2. [Back to Text]
  69. Id. at 7. [Back to Text]
  70. São Paulo is one of the twenty-seven states of Brazil and is located in the southern region of the southeast part of the country.  It occupies an area of approximately 248,808.80 square kilometers (approximately 96,065.54 square miles), being slightly larger than the United Kingdom.  São Paulo has the largest population of Brazil with more than forty million inhabitants distributed in 645 municipalities.  Conheça São Paulo, Governo do Estado de São Paulo, http://www.saopaulo.sp.gov.br/conhecasp/principal_conheca (last visited Jan. 28, 2013). [Back to Text]
  71. Castro Cerqueira & Pinho de Mello, supra note 67, at 8. [Back to Text]
  72. Id. [Back to Text]
  73. Id. at 9. [Back to Text]
  74. Id. [Back to Text]
  75. Id. at 10. [Back to Text]
  76. Id. [Back to Text]
  77. Mensagem de Veto No. 002, de 9 de Janeiro de 2013, http://www.planalto.gov.br/CCIVIL_03/_Ato2011-2014/2013/Msg/Vet/VET-002.htm. [Back to Text]
  78. Id. [Back to Text]

 

 

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Last Updated: 09/16/2014