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The Senate Advances With Controversial Bill Authorizing Gun Possession for Lawyers, Equalizing Them With the Judiciary. A Proposal That Divides Opinions and Could Fundamentally Change Security in the Exercise of Law Throughout Brazil.
A proposal that could transform the practice of law in Brazil is advancing in the Senate.
The Public Security Commission (CSP) approved the Bill 2,734/2021, which authorizes firearm possession for lawyers for personal defense.
The bill, authored by Senator Flávio Bolsonaro (PL-SP), now goes to the Constitutional and Justice Commission (CCJ), the final stage before being voted in plenary.
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The proposal aims to amend the Statute of Advocacy and the Disarmament Statute to include lawyers among the professionals with the prerogative to carry firearms.
If approved definitively, the law will allow lawyers registered with the Brazilian Bar Association (OAB) to carry firearms throughout the national territory, provided they meet the already established legal requirements.
Argument of Equality With the Judiciary
According to the bill’s rapporteur, Senator Alessandro Vieira (MDB-SE), the authorization equates lawyers with members of the Judiciary and the Public Ministry, who already have this right.
In his report, he stated that “there is no hierarchy between lawyers, judges, and prosecutors,” and that despite their distinct functions, they all integrate the justice system.
“The provision for the possession of firearms for lawyers ensures an efficient means of personal protection and represents an equal treatment with other essential categories of the Judiciary,” Vieira declared during the vote.
The regulation will be up to the Federal Council of the OAB, responsible for defining the practical criteria for the exercise of this right.
The approved text also incorporated important suggestions from other parliamentarians, such as Senator Sergio Moro (União-PR) and Senator Fabiano Contarato (PT-ES).
Requirements and Restrictions on Possession
The possession will not be automatic for all legal professionals.
The proposal requires compliance with various requirements for a lawyer to have the right to carry a firearm.
Among the requirements are the proof of technical ability and psychological fitness, in addition to integrity and the absence of criminal records.
An amendment from Sergio Moro specifies that a certificate of regular legal practice, issued by the OAB, will be sufficient to justify the “effective need” for firearm possession.
However, use remains restricted in environments with specific security control, such as courts, tribunals, prisons, and public offices.
“We are not allowing unrestricted possession for lawyers to enter armed in hearings, courts, or prisons,” explained Moro.
“The project only creates a prerogative, as long as the legal criteria are met, and it will be a personal choice of the professional.”
Violence Against Lawyers Drives Discussion
Senator Flávio Bolsonaro justified the proposal based on the increasing number of threats and assaults against lawyers in the country.
According to data presented by the OAB, between 2016 and 2019, at least 80 lawyers were murdered in Brazil.
“Lawyers deal daily with cases involving freedom, property, and family disputes, which can provoke dangerous reactions from clients or opposing parties,” argued the bill’s author.
“Gun possession can be, in certain situations, the only chance of defense for the professional.”
The proposal also incorporates excerpts from Bill 2,530/2024, authored by Senator Cleitinho (Republicanos-MG), which addresses the same theme.
While Cleitinho’s bill is more straightforward, altering only the Statute of Advocacy, Flávio Bolsonaro’s bill proposes amendments to two legal frameworks and defines rules for the acquisition and registration of firearms.
The rapporteur chose to reconcile the two bills, adopting the objectivity of Cleitinho’s text and the broader legislative structure of Bill 2,734/2021.
Legal Debate and Criticism of the Proposal
Despite the advancement of the bill in the Senate, the topic continues to generate debates among specialists and within the legal community itself.
Critics argue that the proposal could open loopholes for an increase in armed violence and represent a setback in disarmament policy.
Civil society organizations have also expressed concern over the bill, arguing that the expansion of gun possession could result in more risks than benefits, especially if there is no strict control over the granting.
Meanwhile, more conservative sectors of the legal profession and groups advocating civil armament view the measure as a natural step toward protecting individual rights.
For these groups, the prerogative represents a reinforcement of the security of professionals working on the front lines of legal defense.
Approaching Final Vote
With the approval in the Public Security Commission, the proposal now goes to the Constitutional and Justice Commission (CCJ), a stage that precedes the vote in the Senate plenary.
If approved, the bill will be sent to the Chamber of Deputies, where it will undergo a similar process.
If there are no changes in the Chamber, the text will go directly for presidential sanction.
However, if modified, it will need to return to the Senate for further analysis.
The expectation of the authors and supporters of the project is that the process will advance in the first half of 2025.
The matter has gained momentum in a political environment where topics related to public safety and civil armament are more accepted.
OAB Will Have Decisive Role in Regulation
Despite not having officially positioned itself on the proposal so far, the Federal Council of the OAB will be primarily responsible for establishing the implementation guidelines for the new rule.
Experts expect that the entity will adopt strict technical criteria to prevent the misuse of the new prerogative.
The OAB’s role will be essential to ensure that firearm possession for lawyers is a tool for protection and not intimidation or abuse.
With the increase in violence and insecurity in the practice of law, do you believe that firearm possession is a necessary measure or a risk to society? Comment and share your opinion!
Com o atual caos na segurança pública , ficou escancarada a impotência e a incompetência do Poder Público no controle das atividades criminosas que avançam em progressão geométrica , deixando o cidadão de bem completamente a mercê de criminosos de alta periculosidade que zombam das forças policiais do Estado , que a muito deixaram de merecer o respeito da população. Neste estado de coisas , o direito de portar armas de fogo deveria ser consagrado a todos os cidadãos de bem do pais mediante a simples comprovação da ausência de antecedentes criminais , e , comprovação de capacidade técnica e psicológica no manuseio. O Estatuto do desarmamento deve ser revogado. Isto só não acontece porque o governo do PT é muito ruim , para não dizer péssimo. É **** e sonha com um golpe de Estado e imposição no Brasil de uma **** tipo Venezuela. Neste caso , melhor um povo ignorante e desarmado.