O instituto da legítima defesa e seus conflitos com o estatuto do desarmamento

Abstract

The present work has as theme “The Institute of Legitimate Defense and its Conflicts with the Disarmament Statute”, having as main objective a study about the Legitimate Defense, comparing its application with the 10.826/03 Law, making a historical overview of how Self Defense was applied in human history and how each society behaved in relation to the right of self-defence, as well as how it applies in the current Brazilian legislation. It also presents which was the main purpose of the Disarmament Statute, that is the decrease in violence, and how that objective was never fulfilled, even after 18 years of its existence. In the social field, this theme becomes relevant for the fact that the Statute supresses the guarantee of the citizen to carry a weapon and be in a position to protect himself, his family and his property, since the application of the disarmament policies only removed weapons from law-abiding citizens, in contrast to criminal organizations, which continued to obtain weapons irregularly, either through international trafficking, or by diversion of armed forces or auxiliary forces. As regards the methodology of the work, the bibliographic, exploratory and descriptive nature is assumed, in a qualitative way. Objectively, the study intends to demonstrate how the Disarmament Statute makes the citizen vulnerable to crime, and proposes a revision of such law, based on PL 3722/2012.