Fachin suspends zero rate for the importation of revolvers and pistols | Politics

With Fachin’s decision, The current import tax is maintained, which is 20% on the value of the weapon.. Fachin also determined that the individual decision be submitted to the Supreme Court for analysis, on a date to be defined.

The suspension responds to a request from the PSB, which challenged the government act in action presented last week. Following the decision, lawyer Rafael Carneiro, who signed the party’s action, said the decree put the security of society at risk.

“The Supreme Court, once again, acts quickly to preserve the values ​​of our Federal Constitution. This resolution endangered the safety of the community, by facilitating the insertion of weapons in the market. Furthermore, there was no social interest in putting zero the arms import tax in a country that pays high taxes on other commodities, “he said.

In the decision, Fachin says that “the risk of a dramatic increase in the circulation of firearms, motivated by induction caused by economic factors, seems to me sufficient for the projection of the course of action to justify the granting of the preliminary measure. . [decisão provisória]”.

The minister affirmed that reducing the tax rate on the importation of pistols and revolvers to zero, for contradicting the right to life and the right to security, violates the Brazilian constitutional order.

The rapporteur also said that he considered that the purpose of the exemption is not very evident and that “there are reasons to understand that its objectives may not be compatible with the mechanisms of constitutional legitimacy and due diligence.”

Fachin emphasized that the safety of citizens must be guaranteed first by the state and not by individuals.

“It is possible to conclude that there does not exist, by itself, an unrestricted right to access weapons, even if it is under the guise of a right to legitimate defense. The right to buy a weapon, if finally the State chooses to grant it, only achieves exceptional opportunities, naturally limited by the State’s obligations to protect life, ”he said.

The minister also considered the effects of the measure on the national market.

“It is undeniable that, by allowing the reduction in the cost of importing pistols and revolvers, the tax incentive contributes to the composition of the prices of imported weapons and, consequently, to the automatic loss of competitiveness of the national industry; considered heritage national “.

The fee waiver does not apply to some types of weapons, such as muzzle-only weapons, rocket launcher pistols, blank revolvers, and air or gas pistols.

This measure is added to others aimed at making weapons rules more flexible, which have been adopted since the beginning of the government of Jair Bolsonaro, the president declares himself in favor of the population’s armament.

Before the tax exemption, the most recent measure had been the army’s repeal in April of the weapons tracing ordinances. The measure was poorly evaluated by experts, who pointed out the risk of facilitating the diversion of weapons into the hands of criminals.

Army data shows that this year alone there have been 155 thousand new weapons, 60% more than last year’s records.

For the STF, the PSB affirmed that the resolution with the measure represents a true setback in the protection of fundamental rights, mainly in the protection of life and the safety of citizens. For the party, there is also an express violation of the Constitution, lack of respect for the right to public security, the fundamental right to life and the dignity of the human person.