Senate rejects Bolsonaro’s arms decree

With 47 votes to 28, senators came down in favour of revoking measures signed by the president in May. The proposal will now be sent to the Chamber

On Tuesday (18 June), in a vote of 47 to 28, the Senate took the fundamental decision to approve the repeal of the presidential decrees, signed in May by president Jair Bolsonaro, that loosen controls on carrying and possessing guns.

The PDL (Draft Legislative Decree) 233/2019, written by senator Randolfe Rodriguez (Rede-AP), voted on in the House plenary session, argues that changes in rules on access to guns by means of a decree, is unconstitutional and that such a change can only be carried out by a bill of law.

Now the text will move to the Chamber of Deputies, where it will be treated as urgent, although there is no deadline for voting. The new rules set out in the decree remain in place until National Congress proceedings are concluded.

“This is a very important decision that signals to the Executive that it cannot ignore the facts and the Constitution, placing people’s safety at risk, simply to fulfil a campaign promise.” Said Jefferson Nascimento, Lawyer at Conectas. “If the president is actually concerned about effective public security, he should invest in public policies aimed at preventing violence rather than delegating this function to citizens.”

Decree 9.785, signed on 7 May this year, has provisions that conflict with the Statute for Disarmament, authorising 20 categories of professions to carry a gun, as well as increasing the amount of ammunition available to each gun owner from 50 to five thousand. Following intense criticism by public security experts, a second presidential decree was published shortly after, restricting carrying (but not possession) of more potent firearms, such as rifles and shotguns.

“In order to modify a law, it must go through a democratic legislative process and be submitted to the houses of the National Congress. The president’s decrees are autocratic measures, that meet his own personal interests in a totally arbitrary manner.” Nascimento explained.

Discussion at the STF

The constitutional validity of the decrees, on five points, is also in question and these will be analysed by the Federal Supreme Court on Wednesday 26. Conectas has been accepted as amicus curiae (friend of the court) at two of these. This is assistance provided by a person or institution, to the court, providing technical clarification on issues related to the case.

In both the ADI (Direct Unconstitutionality Action) n° 6139, brought by the PSB (Partido Socialista Brasileiro), and in the ADPF (non-compliance with a fundamental precept) n° 581, issued by Rede Sustentabilidade, the strong impact on rates of armed violence in the field, affecting indigenous people and human and environmental rights defenders are cited.

According to Global Witness, Brazil is the country that most kills land and environmental defenders in the whole world. A UN Report shows that in 2017, an activist was murdered every six days.