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Majority of the STF maintains limitation of decrees on weapons and ammunition

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The majority of the justices of the Federal Supreme Court (STF) voted today (20) to maintain the decision of Minister Edson Fachin that restricted the effects of presidential decrees that regulated the Disarmament Statute. The voting score is 6 votes to 1.

So far, six ministers have voted in this direction. In addition to Fachin, the votes were cast by ministers Luís Roberto Barroso, Alexandre de Moraes, Gilmar Mendes, Ricardo Lewandowski and the president, Rosa Weber. The votes of four ministers are missing.

The dissenting vote was given by Minister Nunes Marques. At the beginning of his vote, the minister defended the right of self-defense as a “natural consequence” of protecting the constitutional right to life.

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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. The trial began on Friday (16) and ends today.

By the decision, the limitation of the amount of ammunition must be guaranteed only in the amount necessary for the safety of the citizens, the Executive Power cannot create new situations of need that are not foreseen by law and the purchase of weapons of 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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