the minister of STF (Federal Supreme Court) Nunes Marques asked for a view — more time for analysis — and suspended the Court’s judgment of the actions that question the president’s decrees Jair Bolsonaro (no party) that facilitate access to weapons in the country.
The STF had restarted the analysis of cases in the virtual plenary, a modality in which ministers deposit their votes in the court system for a certain period, without the need for a face-to-face session. The analysis of the cases began today and would go on until the end of next Friday (24).
Minister Alexandre de Moraes, who had requested a review of the cases in April, followed the votes of ministers Rosa Weber and Edson Fachin to declare the unconstitutionality of the provisions and assessed that “the regulatory extrapolation of the president of the Republic” was demonstrated. For Moraes, the issues needed to be discussed in Congress.
“The volume of changes promoted by the Executive Power, to give rise to a true redefinition of the public policy on firearms control, would depend on discussion and approval by the National Congress”, he wrote in his vote.
The processes are authored by five parties (PT, PSDB, PSB, PSOL and Rede), which sued the Court days after the publication of the four decrees. In April, just before the changes took effect, several parts of the documents have been suspended by order of Minister Rosa Weber, rapporteur of the actions.
Among other changes, the decrees published by Bolsonaro increase the limit on weapons that can be purchased even by ordinary citizens, decrease the control of the army and civil authorities over the material and eliminate restrictions on carrying. The changes, according to experts, tend to favor the proliferation and circulation of weapons in the country.
According to columnist Carolina Brígido, from UOL, the STF tends to confirm Rosa Weber’s decision and limit the scope of Bolsonaro’s decrees. Internally, the ministers already made this assessment in May, when the process was paralyzed at the request of Moraes.
If confirmed, the overthrow or restriction of the decrees will mean a defeat for Bolsonaro, who since the beginning of the government has acted and spoken in favor of the population’s arms. In late August, the president attacked critics of the measures. “If you don’t want to buy a rifle, don’t piss off anyone who wants to buy it,” he told supporters.
Rosa Weber’s preliminary decision, which has already been confirmed by Fachin and Moraes, promoted the overturning of parts of all Bolsonaro’s decrees. The changes intended by the president are as follows:
- The Army Command will no longer supervise the manufacture of certain ammunition (up to 12.7 mm) and other accessories, such as reloading machines and detachable magazines, in addition to obsolete weapons;
- A number of categories will be exempt from being registered in the Army to carry out activities with controlled products, such as explosives and parts for military material;
- Anyone can, as long as they meet the requirements, buy up to six weapons without having to prove the need. By measure, just a self-declaration of need will be enough;
- The CACs (hunters, shooters and collectors) will only need authorization from the Army to buy firearms if the quantities exceed the limits established by law;
- In order to prove psychological aptitude for the purchase of a firearm, CACs will only need a report provided by a psychologist, accreditation by the Federal Police is not required;
- Increase in the maximum limit of ammunition that can be acquired, annually, by the CACs;
- Acquisition of ammunition by entities and shooting schools in unlimited quantity;
- Practice of sport shooting by adolescents from 14 (fourteen) years of age;
- Validity of carrying weapons for the entire national territory;
- Transit postage of CACs for loaded firearms;
- Simultaneous carrying of up to two firearms per citizen.