Injunction suspends effectiveness of law that makes gun carrying more flexible in Mato Grosso

Injunction suspends effectiveness of law that makes gun carrying more flexible in Mato Grosso
Injunction suspends effectiveness of law that makes gun carrying more flexible in Mato Grosso

The Court of Justice granted an injunction in the Direct Action of Unconstitutionality proposed by the Public Ministry of the State of Mato Grosso, determining the suspension of the effectiveness of State Law No. sports and members of sports entities. The judgment was published this Tuesday (30).

“Certainly, the use of the law to benefit anyone, and in the case of a patent formal vice, ends up bringing legal uncertainty and the circulation of weapons arising from this legislative act, so that I wait for an eventual measure only on the merits, it can bring irreparable or irreparable damage. difficult to repair, as well as a risk to the usefulness of the process, in some cases”, highlighted the judge Nilza Maria Possas de Carvalho, rapporteur of the process.

In the Direct Action of Unconstitutionality, the Attorney General of Justice, José Antônio Borges Pereira, argued that, in practice, the questioned rule creates a presumption as to the risk of the sport shooter activity, exempting the applicant from the authorization of the duty to prove its effective need.

“Under the law, it is enough for the applicant to present a simple proof of registration to a sports entity and the registration of the weapon in order to automatically obtain authorization to carry it, as there is an automatic presumption of ‘activity risk’ and effective need to carry firearms’ by sport shooters, in such a way that it unduly enforced the requirements for obtaining authorization granted on an exceptional basis by the Federal Police”, says an excerpt from the ADI.

According to the MPMT, the bill presented by the Legislative Assembly of Mato Grosso suppressed one of the conditions set out in the Disarmament Statute, making it easier to obtain authorization for the possession of weapons and making the federal rule for controlling the circulation of weapons more flexible.

“By doing so, State Law No. 11,840 of July 25, 2022, of the State of Mato Grosso, from a formal angle, incurs a patent unconstitutionality, for usurpation of the legislative competence of the Union to provide for criminal law and war material (armaments )”, he argued.

The norm, according to the MPMT, deals with an issue that must be disciplined through the establishment of uniform rules, throughout the country, for the manufacture, commercialization, circulation and use of firearms, in addition to being related to the formulation of a criminal policy of national scope, which, therefore, should be the exclusive responsibility of the Union.

other actions – In addition to the ADI proposed against the state law, the MPMT also filed 32 other actions questioning the constitutionality of municipal laws that deal with the same subject, creating presumption as to the risk of the sport shooter activity.

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Tags: Injunction suspends effectiveness law gun carrying flexible Mato Grosso

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