Flexibilização da posse de arma: uma análise do decreto nº 9.685 de 15 de janeiro de 2019

Abstract

The following academical work aims at discussing the impacts of the Decree No. 9.685/2019 on the promotion of permanent disarmament public policies, as well as on the hierarchy of the legal system. Therefore, the paper brings a historical review on Gun Laws in Brazil and on the developing of the policy of disarmament installed by the Decree No. 5.123/2004 and the Law No. 10.826/2003 (Disarmament Law), as it’s a knowleged that firearms present a monumental struggle to public policies, which in fact require the acts of supervision, transparency and control by the State. The Decree No. 9.685/2019, published on January 15, 2019, made alterations to Decree No. 5.123, January 1, 2004, in a manner that facilitated the access of regular citizens to firearms, thus undermining the policy of disarmament, which had been permanently implemented by Federal Law. This paper also addresses the constitutionality of aforementioned Decree and brings a reflection on the effectiveness of the fundamental guarantees of the legal system, as they are essential in making the Democratic State of Law an environment which assures the Federative Republic of Brazil. These discussions will be carried through a review of literature consisting mostly of books and academic articles on the presented subject. The theoretical frame of reference is primarialy based on official legislation itself and authors who are academics on the aforementioned subject. Lastly, the paper proposes that the constitutional guarantees of the fundamental rights and freedoms are constitutional commandmants, and therefore, the criteria taken into consideration in the making of laws should be in accordance with the Federal Constitution, moreover respecting the hierarchy of the legal system.