A POLÍTICA DESARMAMENTISTA E SEUS EFEITOS À LUZ DA TEORIA DA AÇÃO HUMANA

Abstract

The purpouse of this work is to provide a broad exposition on the Brazilian Disarmament Policy enforced, considering the numbers that express its results and approaching theories capable of explaining its practical effects. Legally, the Laws and Decrees (already applied or currently in force in the national legal system) will be addressed, as well as brief notes about the historical context in which they are located, referring to the theme of controlling access to weapons. The existing non-conformities between such restrictions and the right to self-defense, which is an ancient institute, provided for in the Brazilian Penal Code, will be verified. More than that, with the presentation of numbers, rates and indicators related to disarmamentism applied in Brazil, it will be possible to see that the theoretical foundations of such a policy are not in line with reality. To this end, the Theory of Human Action, by Ludwig Von Mises, serving as an alternative to what is considered a fragile foundation, will provide a solid understanding, being a well-founded explanation capable of understanding that the restriction on possession does not reduce crimes. committed with firearms. On the contrary, it reduces the costs of criminal action and benefits the criminal intent. In the end, the failure of the disarmament policy in its objective of reducing crimes committed with firearms will be clear, as well as the reason for this, according to the theory to be exposed.