O estatuto do desarmamento frente ao direito individual de defesa

Abstract

The above work is written as "The Statute of Disarmament Faced with the Individual Right of Defense", whose main objective is to demonstrate the reflexes of Law 10.826 / 03, noting how much its ineffectiveness has reflected in the increase in violence and crime and consequently made it the The more vulnerable the unjust aggression. In this context, it is necessary to question the feasibility of the possible repeal of Law 10.826 / 03 as a way of protecting the citizen from his individual right of defense, as a form of social protection. Therefore, the implementation of this norm in the Brazilian legal system is linked to the intention to reduce the crime rate in the criminal actions practiced with firearms. However, statistics show that these Statutes are ineffective, since people who are not in possession of firearms are good people and do not change the percentage of crime, as marginals continue to have access to this mechanism. In the social sphere, this subject becomes relevant to the citizen, since with the advent of the code, it is prohibited from using this means of defense, but remains a hostage of the criminal who continues to have free access through illicit means To firearms. As far as the methodology of the work is concerned, its development took the form of descriptive research, with a study carried out through a bibliographical survey and statistical data presented by the organs of control of the crime index. In an objective way, this study intends to demonstrate about the ineffectiveness of the Disarmament Statute in the fight against the Use of Firearms and the reduction of crime.