Estatuto do Desarmamento (Lei 10,826/2003)
The Estatuto do Desarmamento (Law No. 10,826 of 2003) is Brazil’s firearms and ammunition control statute, enacted to reduce gun violence and illegal firearms possession. The law regulates the acquisition, possession, and carrying of firearms, establishes a national firearms registry, and creates the National System for the Registration of Firearms (SINARM). It prohibits the carrying of firearms in most circumstances, establishes penalties for illegal possession, and provides for voluntary disarmament programs with social compensation.
Legal area: Criminal law defines offences against the state and society, establishes penalties, and governs criminal procedure and enforcement.
Year enacted: 2003
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L10826.htm
Key Provisions
- Art. 6: Restrictions on carrying firearms in public
- Art. 12-14: Penalties for illegal possession of firearms
- Art. 15: Registration of firearms (SINARM)
- Art. 16-19: Acquisition and possession requirements
- Art. 20: National firearms registry (cadastro nacional de armas)
- Art. 25: Voluntary disarmament programs (desarme voluntário)
- Art. 26: Prohibition on carrying firearms in public places
- Art. 28: Administrative and criminal sanctions
Significance
The Disarmament Statute was a significant attempt to address Brazil’s high rates of gun violence. The voluntary disarmament program resulted in the collection of hundreds of thousands of firearms. The law has been a subject of intense political debate, particularly regarding the right to bear arms and public security policy. Subsequent amendments and policy changes have modified some of the original restrictions, reflecting the ongoing political tension around gun control in Brazil.