Armas e vida: uma reflexão sobre o estatuto do desarmamento frente aos princípios constitucionais da segurança e liberdade

Abstract

The present work aims to analyze the Federal Law No. 10.866 of December 2003, popularly known as the Disarmament Statute, which analyzes the historical phases of the Disarmament Statute, addressing the motives and desires that originated its creation and that cause their maintenance until the present day, as well as its criticisms and results over its 16-year term. The subject of the present study will be treated based strictly on the constitutional scope, using elements of the constitution theory, its rules and fundamental principles. Larger weight will be offered in relation to the principles, since the central issue of the whole study comes from the analysis of the Disarmament Statute against the principles of security and freedom. In the body of the study, these principles will be confronted with the theories of mitigation and principled weighting, seeking to elucidate the central question in a manner to approach all sides of the thoughts that involve the question. The study culminates with the result that the Statute ends up violating the freedom of the individual in an abusive and disproportionate manner to the time that does not promote due effectiveness of public security.