A legislação do porte ilegal de armas sob o enfoque da criminalidade / THE LEGISLATION ON ILLEGAL GUN OWNERSHIP FROM THE POINT OF VIEW OF CRIMINALITY

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

THE LEGISLATION ON ILLEGAL GUN OWNERSHIP FROM THE POINT OF VIEW OF CRIMINALITY The high rates of criminality associated with impunity and the total lack of control over the gun dealing and granting of records and licenses caused society to mobilize with the purpose of disarming the population. In view of this social reality, the work focused on studying aspects of criminality, criminology and criminal policies, aiming at understanding to what extent the increase in penalties, the decrease in convict benefits and disarmament of the population can contribute with the fight against criminality. To fight against criminality it is necessary to create effective mechanisms against criminals, the majority of which are unemployed young people who suffer the reflexes of family degradation and general oppressions of the contemporary society. The disarmament statute may be useful to fight against criminality, provided that the State is able to efficiently structure the police, eliminate its internal corruption, offering conditions to work in crime prevention, disarming the actual criminals, fighting against the domestic and international gun running, inspecting the countrys borders, and thus bringing to the population a feeling of peace and safety. In this manner, the State would be complying with its obligation of defending the society, which would not be encouraged to arm itself to defend the rights to life and property. There is no isolated and accurate cause for the appearance of the criminal fact. There is the principal cause, the concurrent one, the condition and occasion, which being varied and added, stimulate the social action and reaction, pressing the criminal commitment in its most diverse forms or situations. Accordingly, an important conclusion is that crime results from a sum of factors, thus being a complex structure and not the outcome of a single cause; for example: poverty is not the cause of crime, otherwise, all poor would commit crimes, and fortunately it does not happen. But poverty is certainly a crime factor. The same can be stated concerning education, instruction, religious formation and the like, factors that, either present or absent, will be relevant for the formation of internal opponents, together with the other exogenous or environmental factors. Thus, besides the enactment of laws by the Government, which by itself does not generate intimidating power for actual criminals, a serious and effective prevention policy is necessary, supported mainly by the improvement in educational and social aspects, factors that undoubtedly are in the roots of criminality. The disarmament of population should be a stimulus for reconsidering and rearticulating the way the Brazilian people are solving their conflicts. The need to strengthen the rule of law has never been as patent as nowadays, both by means of pacification and disarmament of the population and the reform of mechanisms of law enforcement, and also with each citizens intention of not violating the others right, directly attacking the causes of criminality and not being limited to its effects.

ASSUNTO(S)

direito penal porte ilegal de armas de fogo porte de armas -- leis e legislacao -- brasil illegal gun ownership criminalidade direito penal criminality

ACESSO AO ARTIGO

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