PM releases photos of a child in uniform holding a toy rifle inside SP | Sorocaba and Jundiaí

The 50th Military Police Battalion of the Interior released photos of a child in uniform holding a toy rifle in Porto Feliz (SP), last Friday night (8). According to lawyer specializing in human rights and public safety Ariel de Castro Alves, the fact that the child wears a uniform is not illegal, however, the possession of the weapon, even if it is a replica, is prohibited.

According to the PM’s post on social networks, family members sought out the corporation to tell of his admiration for the police service and said they had purchased a children’s day uniform for the boy, asking that it be delivered to him by the police.

The team responded to the request and, according to the publication, the child was “overjoyed and thrilled” when he met the police officers, taking several photos with them inside the vehicle and holding the gun.

PM publishes photos of a child in uniform holding a toy rifle inside SP — Photo: Military Police/Disclosure

To g1, the Military Police informed that the gun is a toy and that it belongs to the child. However, the Disarmament Statute prohibits the manufacture and sale of firearm toys.

“The boy’s mother contacted the Military Police base in Porto Feliz requesting the possibility of police attendance to deliver a children’s uniform that she had bought, in view of the boy’s great love and admiration for the institution. the boy is carrying, it is a plastic toy, without any shooting system, bought by the child’s parents themselves,” says the note from the corporation.

After questioning the report, the 50th BPMI deleted the post from social networks and made a new publication this Sunday morning (10) using a photo of the child without the toy gun.

The report also questioned the Public Security Secretariat of the State of São Paulo and the Guardianship Council of Porto Feliz about the case and is awaiting a return.

After questioning, PM made a new publication with a photo of the child without the toy gun — Photo: Reproduction/Instagram

Ariel, who is a member of the National Institute for the Rights of Children and Adolescents and president of the Torture Never Again Group, explains that, according to the Disarmament Statute, replica weapons cannot be manufactured or sold in Brazil.

THE Law No. 10,826, of December 22, 2003, provides for the registration, possession and sale of firearms and ammunition, the National Weapons System (Sinarm), defines crimes and other measures.

According to the article 26, “The manufacture, sale, sale and import of toys, replicas and firearms simulacra, which may be confused with these, are prohibited. Replicas and simulacra intended for instruction, training, or to the collection of authorized users, under the conditions established by the Army Command.”

According to Army ordinance, only previously registered adults can purchase weapons directly from the manufacturer for collection and training.

PM publishes photos of a child in uniform holding a toy rifle inside SP — Photo: Military Police/Disclosure

Also according to the lawyer, it is up to the Military Police’s Internal Affairs to determine if it was a rifle of the institution or a replica, who is the owner of the replica and if the person is authorized to have this type of replica.

“Any type of display of children with weapons, which ends up exalting violence, contravenes the rights to dignity, respect, preservation of the image, and can generate embarrassing and embarrassing situations. Much less should the state apparatus be used for this, as weapons, vehicles and publications on official pages.”

“These situations must be avoided and restrained with regard to public institutions, parents and criminals as well, since we also know that sometimes in communities children take pictures holding guns of drug dealers,” he adds.

According to Ariel, the boy’s parents may be liable for a crime foreseen in the article 232 of the Child and Adolescent Statute: submit a child or adolescent under their authority, custody or surveillance to embarrassment or embarrassment. The penalty is imprisonment from six months to two years. In addition, parents may be called by the Guardianship Council to provide clarification.

According to the expert, the following ECA articles were also disrespected in the case:

  • Article 5 – No child or adolescent will be subject to any form of negligence, discrimination, exploitation, violence, cruelty and oppression, and any attack, by action or omission, to their fundamental rights will be punished under the law.
  • Article 17 – The right to respect consists in the inviolability of the physical, psychological and moral integrity of the child and adolescent, including the preservation of the image, identity, autonomy, values, ideas and beliefs, spaces and personal objects.
  • Article 18 – It is everyone’s duty to ensure the dignity of children and adolescents, keeping them safe from any inhuman, violent, terrifying, harassing or embarrassing treatment.

About federal Constitution, the lawyer quotes the article 227: it is the duty of the family, society and the State to ensure children, adolescents and young people, with absolute priority, the right to life, health, food, education, leisure, professionalization, culture, dignity, respect, freedom and family and community coexistence, in addition to keeping them safe from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression.

“The child in uniform and inside the vehicle to take a picture can be considered the satisfaction of a child’s dream of wanting to one day be a police officer or a hero. The most complicated thing there was that she had a rifle in her hand, in a total display inadequate, being used for a situation of possible apology for violence. Children must be educated for peace and not for violence,” he emphasizes.

Last Tuesday (5), the Children’s Rights Committee of the United Nations (UN) stated that it “disapproves, in the most eloquent terms, of the use made by the president [Jair] Bolsonaro plays children, dressed in military clothes, holding what appears to be a gun, to promote his political agenda, which last occurred on September 30, 2021.”

On that date, at an event to lay the foundation stone for a vaccine center in Belo Horizonte (MG), a child dressed in the Minas Gerais Military Police uniform and carrying a toy gun took the stage alongside Bolsonaro during a ceremony.

Bolsonaro poses for photos with a child in uniform and with a toy gun in his hand, at an event in Belo Horizonte — Photo: Reproduction/TV Globo

  • Bolsonaro’s exposure of a child with a gun ‘is a 20-year throwback’, says UN committee member

At one point, the president took the toy gun from the boy’s hands and posed with the object. Afterwards, the little boy still performed push-ups on stage.

For the committee, practices like the president’s should be banned and criminalized, and those that involve children in hostilities should be investigated, prosecuted and penalized.

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