STF begins trial of injunction that restricted arms sales

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The ministers of the Federal Supreme Court (STF) began to decide today (16), through the virtual plenary, whether to endorse the decision of Minister Edson Fachin that restricted the effects of presidential decrees that regulated the Disarmament Statute.

By 2:30 pm, four ministers had expressed their support for the restrictions. In addition to Fachin, ministers Luís Roberto Barroso, Alexandre de Moraes and Gilmar Mendes voted in the same direction. The trial is scheduled to end on Tuesday (20).

After Edson Fachin’s decision, delivered on September 5, the case was released for referendum by the other ministers of the Court in the virtual plenary, a voting modality in which votes are entered in an electronic system and there is no face-to-face deliberation.

By the decision, the limitation of the amount of ammunition must be guaranteed only in the amount necessary for the safety of citizens; the Executive Power cannot create new situations of need that are not provided for by law and the purchase of weapons for restricted use can only be authorized for public security or national defense, and not based on the citizen’s personal interest.

The precautionary measures were requested by the PT and PSB and partially reach decrees 9,846/2019 and 9,845/2019, in addition to suspending Interministerial Ordinance 1,634 of April 22, 2020, which deals with the limit on the purchase of ammunition by persons authorized to carry a firearm. fire.

The question of the validity of the decrees began to be judged last year, but was interrupted by a request for a view from Minister Nunes Marques. However, Fachin is the rapporteur of actions that are being processed in parallel to the processes whose analysis was suspended and granted the injunctions. The minister cited the risk of violence during the elections to individually suspend part of the decrees.

Translated to english by RJ983

From Brazil, by EBC News

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