A eficiência da Lei nº 10.826/2003 como política pública de redução da violência

Abstract

The present research aims to analyze Law nº 10.826/03 (Disarmament Statute), focusing on the Theory of State formation through the social contract of Thomas Hobbes; the Universal Declaration of Human Rights under the specter of human guarantee, personal security and fundamental guarantees framed by the constitutional rights linked to life, freedom and security of the Federal Constitution of 1988, in addition to verifying whether more restrictive policies on access to weapons by society civil law resulted in the reduction of crime indicators, especially with regard to homicides motivated by the use of firearms, or if they grew, especially under this law, considered the legislation that most restricted firearms in the Brazilian State. The methodology chosen to proceed with the research is done through monographic and statistical techniques. The hypotheticaldeductive method enters the scene, conferring the conceptions generated by the theme. While the statistical method will be used in order to estimate the violent crimes practiced with the use of firearms and to understand about the development achieved based on a policy currently more restrictive than the one practiced before. The division of labor is divided into four chapters, where the first seeks to observe the Law nº 10.826/2003 in view of Thomas Hobbes' social contract. The second analyzes the conformity of the norm with the Universal Declaration of Human Rights, guarantees established in the Constitution and the principle of popular sovereignty. While the third performs a historical contextualization of the policies employed by the Brazilian state regarding the treatment of arms possession by citizens, from the discovery to the present. The fourth chapter, on the other hand, presents a reflected appreciation of the consequences produced by this Law (Disarmament Statute) in the course of its validity, as well as the arguments used in its defense and with the purpose of revoking it. Basics such as accidents with children and the number of suicides caused by firearms are also assessed, in addition to the outcomes seen in other nations such as France, England, United States and Uruguay; factors that promote strong repercussions in the social psychological. It appears that disarming the civilian population does not constitute an effective public security policy.