Direito a vida e porte de arma: correlação constitucional entre a segurança e a legítima defesa no contexto do estatuto do desarmamento de 2003

Abstract

This study aims at analyzing the magnitude of the right to life in the Brazilian legal system and how it has been disregarded by the inefficiency of state public security policies. Initially an examination will be made of the process of evolution of the state apparatus, culminating with the modern structure as we know it. Next, the Brazilian constitutional, administrative and penal laws will be specifically observed, exemplifying the role of civil society in the formulation of decisions. After that, he approaches the discussion about the bankruptcy of the public security apparatus of the Brazilian State and the disbelief of the system of repression. The effects of the non-compliance with the 2005 referendum and the consequences of the explosion of crime rates will be unveiled. And, finally, empirical evidence through statistical data, will act to corroborate the aforementioned foundations, suggesting the use of the defensive use of firearms as a mitigating bias of the alarming statistics of deaths and mutilations in the national context after the Disarmament Statute of 2003.