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The Senate is moving forward with a controversial bill that would authorize lawyers to carry weapons, making them equivalent to the Judiciary. A proposal that divides opinions and could profoundly change the safety of the practice 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 2.734 / 2021 Bill, which authorizes lawyers to carry firearms for personal defense purposes.
The article, authored by Senator Flávio Bolsonaro (PL-SP), now goes to the Constitution and Justice Committee (CCJ) for analysis, the last stage before being voted on in plenary.
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The proposal foresees the amendment of the Statute of the Bar and the Statute of Disarmament to include lawyers among the professionals with the prerogative to carry weapons.
If it is finally approved, the law will allow lawyers regularly registered with the Brazilian Bar Association (OAB) to carry weapons throughout the national territory, as long as they meet the legal requirements already established.
Argument of equality with the Judiciary
According to the proposal's rapporteur, Senator Alessandro Vieira (MDB-SE), the authorization makes lawyers equal to members of the Judiciary and the Public Ministry, who already have this right.
In his opinion, he stated that “there is no hierarchy between lawyers, judges and prosecutors”, and that, despite their different functions, they are all part of the justice system.
“The provision for carrying firearms for lawyers ensures an efficient means of personal protection and represents equal treatment with other categories essential to the Judiciary”, declared Vieira during the vote.
Regulation will be the responsibility of the Federal Council of the OAB, which is responsible for defining the practical criteria for exercising this right.
The approved text also welcomed important suggestions from other parliamentarians, such as Senator Sergio Moro (União-PR) and Senator Fabiano Contarato (PT-ES).
Requirements and restrictions on carrying
Carrying a license will not be automatic for all legal professionals.
The proposal requires compliance with several requirements for a lawyer to have the right to carry a weapon.
The requirements include proof of technical capacity and psychological aptitude, in addition to suitability and the absence of a criminal record.
An amendment by Sergio Moro specifies that proof of regular practice of law, issued by the OAB, will be sufficient to justify the “effective need” to carry a weapon.
However, its use remains restricted to environments with specific security controls, such as forums, courts, prisons and public offices.
“We are not allowing unrestricted possession for lawyers to enter hearings, courts or prisons with weapons,” 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 debate
Senator Flávio Bolsonaro justified the proposal based on the growing number of threats and attacks 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, assets and family disputes, which can trigger dangerous reactions from clients or opposing parties,” argued the author of the project.
“Carrying a weapon may be, in certain situations, the professional’s only chance of defense.”
The proposal also incorporates excerpts from PL 2.530/2024, authored by Senator Cleitinho (Republicans-MG), which deals with the same topic.
While Cleitinho's project is more direct, changing only the Statute of the Bar, Flávio Bolsonaro's proposes changes to two legal frameworks and defines rules for the acquisition and registration of weapons.
The rapporteur chose to reconcile the two projects, adopting the objectivity of Cleitinho's text and the broader legislative structure of PL 2.734/2021.
Legal debate and criticism of the proposal
Despite the progress of the matter in the Senate, the topic continues to generate debates among experts and within the legal profession itself.
Critics say the proposal could open the door to increased armed violence and represent a setback in disarmament policy.
Civil society organizations have also expressed concern about the project, claiming that expanding gun ownership may result in more risks than benefits, especially if there is no strict control over the concession.
More conservative sectors of the legal profession and groups defending civilian armament see the measure as a natural step towards protecting individual rights.
For these groups, the prerogative represents a reinforcement of the security of professionals who work on the front line of legal defense.
Proximity to final vote
With approval by the Public Security Committee, the proposal now goes to the Constitution and Justice Committee (CCJ), a stage that precedes the vote in the Senate plenary.
If approved, the matter 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 to the President for approval.
But if it is modified, it will need to return to the Senate for further analysis.
The project's authors and supporters expect the process to advance in the first half of 2025.
The matter has gained traction in a political scenario where issues related to public safety and civilian armament are more widely accepted.
OAB will have a decisive role in regulation
Although it has not officially positioned itself on the proposal to date, The Federal Council of the OAB will be primarily responsible for establishing the guidelines for implementing the new standard.
Experts expect the entity to adopt strict technical criteria to prevent misuse of the new prerogative.
The OAB's actions will be essential to ensure that carrying a weapon for lawyers is a tool for protection and not for intimidation or abuse.
With the increase in violence and insecurity in the practice of law, do you believe that carrying a gun is a necessary measure or a risk to society? Comment and share your opinion!
With the current chaos in public safety, the impotence and incompetence of the Government in controlling criminal activities that are increasing exponentially has become clear, leaving law-abiding citizens completely at the mercy of highly dangerous criminals who mock the State police forces, which have long since ceased to deserve the respect of the population. In this state of affairs, the right to carry firearms should be granted to all law-abiding citizens of the country, simply by proving that they have no criminal record and that they have the technical and psychological capacity to handle them. The Disarmament Statute should be revoked. This is only not happening because the PT government is very bad, if not terrible. It is **** and dreams of a coup d'état and the imposition of a **** like Venezuela in Brazil. In this case, an ignorant and unarmed people would be better.