A(IN)CONSTITUCIONALIDADE DOS INCISOS III E IV DO ART. 6º DA LEI Nº 10.826/2003, FACE AO CRITÉRIO NUMÉRICO POPULACIONAL ELEGIDOPELO CONSTITUINTE,NO QUE TANGE O PORTE DE ARMA DE FOGO DAS GUARDAS MUNICIPAIS

Abstract

This article aims to analyze the legal controversy under the constitutional prism about the main precepts brought by the jurisprudence and the law 10.826/03, especially regarding the attributions to the public security, currently also incumbent to the municipal guards. Item IV of article 6 of the Disarmament Statute provides for the permission to carry a functional firearm by members of this class only when in service in municipalities with a population between 50.000 and 500.000 inhabitants. In turn, in cities with less than 50.000 inhabitants, possession was prohibited. Firearm concessions arising from state laws, legislative decrees or resolutions issued by the Courts of Justice have not been granted by the Disarmament Statute. Thus, an arbitrary inequality was created between the members of the municipal guards around the country, in view of the establishment of a numerical and little isonomic level to estimate who can carry firearms inside and outside the period of service. However, one cannot forget the need to structure these organizations so that they can continue to help in the fight against crime, along with the other public security agencies. Therefore, based on the public interest and social welfare, a change in the current legislation is necessary, in order to fill this gap in the legislative system and to pacify the jurisprudential understanding.