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Lawyers Will Be Able to Carry Weapons? Senate Discusses Controversial Project That Divides Opinions. The OAB Supports the Measure, But Senators Warn of the Risks.
The Federal Senate is discussing the Bill (PL) 2734/2021, which proposes granting weapon carry permits to lawyers for personal defense.
The proposal, authored by Senator Flávio Bolsonaro (PL-RJ), received a favorable opinion from the rapporteur, Senator Alessandro Vieira (MDB-SE).
However, the voting was suspended after a request for a view by Senator Sergio Moro (União-PR), postponing the decision to a future date.
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Heated Debate in the Public Safety Committee
During the session of the Public Safety Committee (CSP), lawmakers presented divergent positions on the project.
Senator Fabiano Contarato (PT-ES) expressed strong opposition, highlighting the high number of lawyers in the country and questioning the lack of stringent requirements for obtaining a weapon carry permit.
“Today, we are equating here the treatment given to judges and prosecutors, as well as to lawyers”, he began.
“But we have to remember: how many judges do we have in Brazil? We have more than 18,000 judges. How many lawyers? 1,370,000. Are we going to arm 1,370,000 lawyers?”, Contarato asked.
Senator Sergio Moro emphasized the need to clarify in the text that the weapon carry permit for lawyers does not allow armed entry into courts or prisons.
“For example, will a lawyer with a weapon carry permit be able to enter the court armed? You can’t imagine the confusion that this will generate”, Moro pointed out, advocating that the text clearly outline the limitations of the permit, preventing unwanted interpretations.
In contrast, Senator Flávio Bolsonaro countered the arguments presented, stating that the project does not allow unrestricted access to weapons.
“It’s a fallacy that we are going to arm a million and however many lawyers. What this project states, Senator Contarato, is not that he will have, will be able to: ‘We approved the law, go there, get and buy a weapon and it’s settled’”, Bolsonaro argued, emphasizing that the weapon carry permit for lawyers will follow specific rules, similar to those applied to judges and prosecutors.
OAB/SC Mobilizes in Support of Weapon Carry Permits for Lawyers
The Santa Catarina Bar Association (OAB/SC) has been mobilizing to ensure the right to carry weapons under conditions equivalent to those guaranteed to judges and members of the Public Ministry.
Recently, representatives of OAB/SC were in Brasília to closely monitor the progress of PL 2734/2021 in the Federal Senate.
The president of the Section, Juliano Mandelli, highlighted the importance of the right to self-defense for the legal profession, mentioning bills aimed at enhancing the security of lawyers.
Among them are PL 212/2024, which increases penalties for those who assault or threaten the life of a lawyer due to their professional activities, and PL 5109/2023, which creates protective measures for threatened lawyers in the exercise of their profession.
Special Committee for Weapon Carry Permits for Lawyers
OAB/SC established the Special Committee for Weapon Carry Permits for Lawyers, aimed at advising the OAB/SC Board regarding issues related to lawyers’ rights to acquire and carry firearms for personal defense.
The committee also monitors discussions and developments of bills related to the topic, seeking political support for the approval of proposals that ensure the right to carry weapons for legal professionals.
Increasing Number of Lawyers Victims of Violence
Data from the National Commission for the Defense of Prerogatives and the Valuation of Advocacy of the OAB reveals that, between 2016 and 2018, 72 lawyers were murdered while practicing their profession.
Recent cases, such as that of a lawyer and her client who were brutally murdered outside a police station in Rio Grande do Norte, and that of a lawyer executed in public in Minas Gerais, highlight the vulnerability of legal professionals.
The Vice President of the National OAB, Rafael Horn, emphasized that “the legal profession has become increasingly a risky activity, as its actions will always leave some party displeased, which results in extreme actions, such as assaults, threats, and homicides”.
Next Steps for PL 2734/2021
The Bill 2734/2021 will be rescheduled in the Public Safety Committee. If approved, it will proceed to the Committee on Constitution and Justice (CCJ) for a definitive decision.
The proposal continues to generate intense debate on the safety of lawyers and the limits of weapon carry in Brazil.
Given this scenario, do you believe that granting weapon carry permits to lawyers is an effective measure to ensure the safety of these professionals, or could it pose more risks to society? Share your opinion in the comments.
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