The case will be analyzed in the virtual plenary, a deliberation format in which the ministers present their votes on the Court’s electronic page, without the need for a face-to-face session or by videoconference. The ministers will decide whether or not to maintain the rapporteur’s individual decision.
The trial was scheduled for the 16th following an order from the president of the Supreme Court, Minister Rosa Weber, accepting a proposal from Minister Fachin. The deliberation goes until 11:59 pm on September 20.
Fachin cites political violence and limits Bolsonaro’s decrees on the purchase of weapons and ammunition
- Fachin cites political violence and limits Bolsonaro’s decrees on the purchase of weapons and ammunition
- Government amends four 2019 decrees to expand arms purchase and registration facilities
Minister Fachin’s individual decisions took place on the 5th. Cut
Fachin’s decisions were taken in party actions against the norms. The minister claimed urgency caused by the elections, which, he says, “exaggerates the risk of political violence”.
“While it is advisable to wait for the contributions, always careful, resulting from requests for view, after more than a year and in the light of recent and regrettable episodes of political violence, it is necessary to grant the precautionary measure in order to protect the very object of deliberation of this Court”, stated.
“In other words, the risk of political violence makes the need to grant the injunction extremely and exceptionally urgent.”
In the decisions, Fachin determined that:
- the 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 for restricted use can only be authorized in the interests of public security or national defence, not because of personal interest;
- the amount of ammunition that can be purchased is limited to only what is necessary for the safety of citizens, in a diligent and proportionate manner
The rapporteur also pondered that one should “ask if facilitating the circulation of weapons, in society, increases or decreases the expectation of private violence”.
“International human rights law imposes on the State that the situations of use of firearms by its agents and, in exceptional cases, by individuals, obey the necessity, the adequacy and, finally, the unequivocal triumph of a certain legally protected interest. about the subjective right to life”, he said.
The actions were presented to the STF by the PSB and the PT against 2019 decrees that increased the possibilities of acquiring firearms in the country.
In March of last year, Fachin, who is the rapporteur of the actions, voted to declare the decrees unconstitutional. According to the minister, studies show that the greater amount of weapons circulating in society increases crime and violence.
Fachin stated that there is consensus in the international community on the need for firearms control.
In September, Minister Nunes Marques asked for a view (more time to analyze the cases) and suspended the trials. Two ministers had accompanied the rapporteur: Rosa Weber and Alexandre de Moraes.
Reporters of lawsuits against the government’s gun decrees had already suspended most of the changes made by the government.